Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 299 - DAMS AND RESERVOIRS
Subchapter C - CONSTRUCTION REQUIREMENTS
Section 299.21 - Applicability

(1) requiring a water rights permit authorization;

(2) requiring an Edwards Aquifer protection plan;

(3) originally designed and constructed with the assistance and written concurrence of the Natural Resources Conservation Service under authorization of the Flood Control Act of 1944 (as amended), Public Law 78-534, the Watershed Protection and Flood Prevention Act of 1954 (as amended), Public Law 83-566, the pilot watershed program under the Flood Prevention of the Department of Agriculture Appropriation Act of 1954, Public Law 156-67, or Subtitle H of Title XV of the Agriculture and Flood Act of 1981, the Resource Conservation and Development Program, but being proposed to be reconstructed, modified, enlarged, rehabilitated, altered, or repaired without the assistance and written concurrence of the Natural Resources Conservation Service;

(4) used for a pumped storage facility;

(5) used for temporary detention purposes and impounding a maximum storage capacity of 200 acre-feet or more; or

(6) that is small and classified as either significant- or high-hazard, as defined in § 299.13 and § 299.14 of this title (relating to Size Classification Criteria; and Hazard Classification Criteria; respectively), and exempt from a water rights permit under Texas Water Code, § 11.142.

(1) dams for which an exception is approved according to § 299.5 of this title (relating to Exception) to the extent for which the exemption is granted;

(2) proposed dams designed and constructed, or existing dams designed and modified, rehabilitated, or repaired, with the assistance and written concurrence of the Natural Resources Conservation Service under authorization of the Flood Control Act of 1944 (as amended), Public Law 78-534, the Watershed Protection and Flood Prevention Act of 1954 (as amended), Public Law 83-566, the pilot watershed program under the Flood Prevention of the Department of Agriculture Appropriation Act of 1954, Public Law 156-67, or Subtitle H of Title XV of the Agriculture and Flood Act of 1981, the Resource Conservation and Development Program;

(3) proposed dams designed and constructed, or existing dams designed and modified, rehabilitated, or repaired for mining purposes and approved and inspected by the Mine Safety and Health Administration;

(4) small, low-hazard dams, as defined in § 299.13 and § 299.14 of this title, exempted from a water rights permit under Texas Water Code, § 11.142; and

(5) maintenance or emergency repairs, as defined in § 299.2 of this title (relating to Definitions).