| 1 | 1 | | By: Zaffirini S.B. No. 2568 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the exempt use of flood control reservoirs constructed |
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| 9 | 9 | | pursuant to Public Law P.L. 83-566 by qualified local sponsors. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1: Subchapter D, Chapter 11, Water Code, is amended |
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| 12 | 12 | | by adding Section 11.1423 to read as follows: |
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| 13 | 13 | | Sec. 11.1423. PERMIT EXEMPTION FOR SPONSORED FLOOD CONTROL |
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| 14 | 14 | | RESERVOIRS. (a) Without obtaining a permit a District operating as |
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| 15 | 15 | | a Qualified Local Sponsor may: |
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| 16 | 16 | | (1) construct or maintain on property owned or |
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| 17 | 17 | | controlled by the Sponsor a dam or reservoir with normal storage of |
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| 18 | 18 | | not more than 200 acre-feet of water for purposes of erosion, |
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| 19 | 19 | | floodwater, and sediment control; and |
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| 20 | 20 | | (2) divert water from the reservoir as needed for the |
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| 21 | 21 | | limited purpose of using the water to repair, maintain, |
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| 22 | 22 | | rehabilitate the impoundment and associated works of improvement to |
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| 23 | 23 | | maintain the operational integrity and purpose of the dam or |
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| 24 | 24 | | reservoir. |
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| 25 | 25 | | (b) As used in this Section, the term "Qualified Local |
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| 26 | 26 | | Sponsor" means any district or authority created by authority of |
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| 27 | 27 | | either Sections 52(b)(1) and (2), Article III, or Section 59, |
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| 28 | 28 | | Article XVI, Texas Constitution, regardless of how created that has |
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| 29 | 29 | | entered into an agreement with the United States Department of |
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| 30 | 30 | | Agriculture, Natural Resources pursuant to Public Law 83-566 to |
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| 31 | 31 | | serve as a local sponsor to operate and maintain the reservoir for |
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| 32 | 32 | | purposes of erosion, floodwater, and sediment control. |
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| 33 | 33 | | (c) The exempt status of the reservoir and the beneficial |
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| 34 | 34 | | uses authorized by this Section shall not be affected by the |
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| 35 | 35 | | subsequent termination of the agreement between the district and |
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| 36 | 36 | | United States so long as the reservoir continues to be owned or |
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| 37 | 37 | | controlled by the district for the purposes contemplated by this |
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| 38 | 38 | | Section. |
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| 39 | 39 | | SECTION 2. The Texas Commission on Environmental Quality |
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| 40 | 40 | | shall adopt rules to implement Section 11.1423, Water Code, as |
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| 41 | 41 | | amended by this Act, not later than January 1, 2026. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2025. |
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