SECTION 299.21. Applicability

(a) This subchapter applies only to construction requirements, including submittal, review, and approval of engineering plans and specifications, inspections, reports, and records, for the construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam:

(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.

(b) This subchapter does not apply to:

(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).

Source Note: The provisions of this §299.21 adopted to be effective January 1, 2009, 33 TexReg 10465