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