reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.470 - Calculation of Hydrologic Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For new water right authorizations which increase the amount of water
				  authorized to be stored, taken, or diverted as described in §
										298.10
				  of this title (relating to Applicability), the determination of the hydrologic
				  condition for a particular season shall be determined once per season. The
				  Palmer Hydrologic Drought Index (PHDI) value present on the last day of the
				  month of the preceding season, as reported by the National Weather Service, and
				  calculated for the geographic area as described in subsection (b) of this
				  section, will determine the hydrologic condition for the following season. For
				  each measurement point specified in this section, the PHDI Index will determine
				  the hydrologic condition, as described in subsection (c) of this
				  section.
(b) The percentage of each
				  climatic division within each geographic area, as defined in §
										298.455 of
				  this title (relating to Definitions), are:
Attached
					 Graphic
(c) For
				  all measurement points, based on the geographic area in which the measurement
				  point is located, as defined in §
										298.455 of
				  this title, the PHDI Index and the corresponding hydrologic conditions are:
Attached
					 Graphic
(d) The
				  PHDI Index for the hydrologic conditions, as set out in subsection (b) of this
				  section govern the operations of permits subject to this subchapter during the
				  initial period, not longer than ten years, until the environmental flow
				  standards in this subchapter are reevaluated. The PHDI Index was calculated to
				  achieve compliance with the percentages of time for dry, average, and wet
				  conditions of 25%, 50%, and 25%, respectively. The PHDI Index set out in
				  subsection (c) of this section will be recalculated, no less frequently than
				  once every ten years, in order to achieve, to the greatest extent possible,
				  compliance with the percentages of time for dry, average, and wet conditions of
				  25%, 50%, and 25%, respectively.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.485 - Water Right Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For water right permits with an authorization to store or divert water from the
				  Brazos River and its associated tributaries, and from the Brazos-Colorado
				  Coastal Basin, and to which the environmental flow standards apply, that are
				  issued after the effective date of this subchapter, the water right permit or
				  amendment shall contain flow restriction special conditions that are adequate
				  to protect the environmental flow standards of this subchapter.
(b) For water right permits with an
				  authorization to divert water in the Brazos River Basin and the Brazos-Colorado
				  Coastal Basin at a rate less than 20% of the pulse trigger level requirements
				  of an applicable high flow pulse at a measurement point, as described in §
										298.480
				  of this title (relating to Environmental Flow Standards), and to which the
				  environmental flow standards apply, that are issued after the effective date of
				  this subchapter, the water right permit or amendment shall contain flow
				  restriction special conditions that are adequate to protect the environmental
				  flow standards of this subchapter; however, no special conditions are necessary
				  to preserve or pass that applicable high flow pulse.
(c) For water right permit applications that
				  request only to increase authorized storage by up to 15%, in the Palo Pinto
				  Creek watershed, and to which the environmental flow standards apply, that are
				  issued after the effective date of this subchapter, the water right permit or
				  amendment shall contain flow restriction special conditions that are adequate
				  to protect the environmental flow standards of this subchapter; however, no
				  special conditions are necessary to preserve or pass any otherwise applicable
				  high flow pulses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter G - BRAZOS RIVER AND ITS ASSOCIATED BAY AND ESTUARY SYSTEM › Section 298.490 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The environmental flow standards or environmental flow
					 set-asides adopted in this subchapter for the Brazos River and its associated
					 tributaries and its associated bay and estuary system and the Brazos-Colorado
					 Coastal Basin may be revised by the commission through the rulemaking process.
					 The final revised rules shall be effective no sooner than ten years from the
					 effective date of this rule, unless the Brazos River and Associated Bay and
					 Estuary System Stakeholder Committee submits a work plan approved by the
					 Environmental Flows Advisory Group under Texas Water Code, §
										11.02362(p),
					 that provides for a periodic review to occur more frequently. The rulemaking
					 process shall include participation by a balanced representation of
					 stakeholders having interests in the Brazos River and its associated
					 tributaries and its associated bay and estuary system and the Brazos-Colorado
					 Coastal Basin.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.500 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the environmental flow standards
					 for the Rio Grande and its associated tributaries. The provisions of this
					 subchapter will prevail over any provisions of Subchapter A of this chapter
					 (relating to General Provisions) that are inconsistent with this subchapter
					 relating to environmental flow standards and regulation in the Rio Grande
					 basin.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.505 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or phrases have the following meanings
					 in this subchapter unless the context clearly indicates otherwise:
(1) Average condition--the hydrologic
				  condition that would occur approximately 50% of the time and that is intended
				  to represent periods that are neither dry nor wet.
(2) Dry condition--the hydrologic condition
				  that would occur approximately 15% of the time and that is intended to
				  represent conditions that are dry but are above the subsistence
				  condition.
(3) Fall--the period of
				  time July through October, inclusive.
(4) Spring--the period of time March through
				  June, inclusive.
(5) Sound
				  ecological environment--an environment that sustains the full complement of the
				  current suite of native species in perpetuity, or at least supports the
				  introduction of extirpated species, sustains key habitat features required by
				  these species, retains key features of the natural flow regime required by
				  these species to complete their life cycles, and sustains key ecosystem
				  processes and services, such as elemental cycling and the productivity of
				  important plant and animal populations.
(6) Subsistence condition--the hydrologic
				  condition that would occur approximately 10% of the time and that is intended
				  to represent the driest periods.
(7) Wet condition--the hydrologic condition
				  that would occur approximately 25% of the time and that is intended to
				  represent the wettest conditions.
(8) Winter--the period of time November
				  through February, inclusive.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.510 - Findings

Current through Reg. 49, No. 28; July 12, 2024
For the Rio Grande, and its associated tributaries located
					 within Texas, the commission finds that the environmental flow standards in
					 this subchapter are appropriate environmental flow standards that are adequate
					 to support a sound ecological environment at the locations specified in this
					 subchapter to the maximum extent reasonable considering other public interests
					 and other relevant factors. The commission finds that the sound ecological
					 environment can best be maintained by a set of flow standards consisting of a
					 schedule of flow quantities that contain subsistence flow, base flows, and high
					 flow pulses at defined measurement points. Minimum flow levels for these
					 components will vary by season and by year since the amount of precipitation
					 and, therefore, whether a system is in subsistence, dry, average, or wet
					 hydrologic conditions, will vary from year to year and within a year from
					 season to season, and the number of pulses will also vary with the amount of
					 precipitation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.515 - Set-Asides and Standards Priority Date

Current through Reg. 49, No. 28; July 12, 2024
The priority date for the environmental flow standards and
					 set-asides established by this subchapter is July 25, 2012. The priority date
					 for the environmental flow standards will be used in the water availability
					 determination for a new appropriation or for an amendment to an existing water
					 right that increases the amount of water authorized to be stored, taken, or
					 diverted, and has no other purpose.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.520 - Calculation of Hydrologic Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For new water right authorizations in the Rio Grande Basin which increase the
				  amount of water authorized to be stored, taken, or diverted as described in
				  §
										298.10
				  of this title (relating to Applicability), the determination of the hydrologic
				  condition for a particular season shall be determined once per season. The
				  conditions present on the last day of the month of the preceding season will
				  determine the hydrologic condition for the following season for the applicable
				  measurement point. For each measurement point, cumulative streamflow for the
				  previous 12 months will determine the hydrologic condition.
(b) For purposes of permit special conditions
				  related to hydrologic conditions, for water right applications in the Rio
				  Grande Basin, which increase the amount of water to be stored, taken, or
				  diverted, the hydrologic condition shall be calculated using the full period of
				  record for the United States Geological Survey (USGS) gage or the International
				  Boundary and Water Commission (IBWC) gage, as applicable, at each measurement
				  point such that subsistence conditions occur approximately 10% of the time, dry
				  conditions occur approximately 15% of the time, average conditions occur
				  approximately 50% of the time, and wet conditions occur approximately 25% of
				  the time.
(c) For purposes of water
				  availability determinations, for water right permit applications in the Rio
				  Grande Basin, which increase the amount of water to be stored, taken, or
				  diverted, hydrologic conditions used in the commission's water availability
				  model shall be calculated such that subsistence conditions occur approximately
				  10% of the time, dry conditions occur approximately 15% of the time, average
				  conditions occur approximately 50% of the time, and wet conditions occur
				  approximately 25% of the time, based on the period of record and simulated
				  flows of the water availability model.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.530 - Environmental Flow Standards

Current through Reg. 49, No. 28; July 12, 2024
The following environmental flow standards are established
					 for the following described measurement points:
(1) Rio Grande at Johnson Ranch near
				  Castolon, Texas and Santa Elena, Chihuahua, Mexico, generally described as
				  International Boundary and Water Commission (IBWC) gage 08-3750.00, and more
				  particularly described as Latitude 29 degrees, 02 minutes, 05 seconds;
				  Longitude 103 degrees, 23 minutes, 25 seconds.
Attached
					 Graphic
(2) Rio
				  Grande at Foster Ranch near Langtry, Texas and Rancho Santa Rosa, Coahuila,
				  Mexico, generally described as IBWC gage 08-3772.00, and more particularly
				  described as Latitude 29 degrees, 46 minutes, 50 seconds; Longitude 101
				  degrees, 45 minutes, 30 seconds.
Attached
					 Graphic
(3)
				  Pecos River near Girvin, Texas, generally described as USGS gage 08446500, and
				  more particularly described as Latitude 31 degrees, 06 minutes, 47 seconds;
				  Longitude 102 degrees, 25 minutes, 02 seconds.
Attached
					 Graphic
(4)
				  Devils River at Pafford Crossing near Comstock, Texas, generally described as
				  IBWC gage 08-4494.00, and more particularly described as Latitude 29 degrees,
				  40 minutes, 35 seconds; Longitude 101 degrees, 00 minutes, 00 seconds.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.535 - Water Right Permit Conditions

Current through Reg. 49, No. 28; July 12, 2024
For water right permits with an authorization to store or
					 divert water in the Rio Grande Basin, to which the environmental flow standards
					 apply, that are issued after the effective date of this subchapter, the water
					 right permit or amendment shall contain flow restriction special conditions
					 that are adequate to protect the environmental flow standards of this
					 subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 298 - ENVIRONMENTAL FLOW STANDARDS FOR SURFACE WATER › Subchapter H - RIO GRANDE, RIO GRANDE ESTUARY, AND LOWER LAGUNA MADRE › Section 298.540 - Schedule for Revision of Standards

Current through Reg. 49, No. 28; July 12, 2024
The environmental flow standards adopted in this subchapter
					 for the Rio Grande, and its associated tributaries in Texas, may be revised by
					 the commission through the rulemaking process. The final revised rules shall be
					 effective no sooner than ten years from the effective date of this rule, unless
					 the Rio Grande Basin, Rio Grande estuary, and Lower Laguna Madre Stakeholder
					 Committee submits a work plan approved by the advisory group under Texas Water
					 Code, §
										11.02362(p),
					 that provides for a periodic review to occur more frequently. The rulemaking
					 process shall include participation by a balanced representation of
					 stakeholders having interests in the Rio Grande, its associated tributaries,
					 Rio Grande estuary and Lower Laguna Madre.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  applies to design, review, and approval of construction plans and
				  specifications; and construction, operation and maintenance, inspection,
				  repair, removal, emergency management, site security, and enforcement of dams
				  that:
(1) have a height greater than or equal
				  to 25 feet and a maximum storage capacity greater than or equal to 15
				  acre-feet, as described in paragraph (2) of this subsection;
(2) have a height greater than six feet and a
				  maximum storage capacity greater than or equal to 50 acre-feet;
Attached
					 Graphic
(3) are
				  a high- or significant-hazard dam as defined in §
											299.14
				  of this title (relating to Hazard Classification Criteria), if over 6 feet
				  high, regardless of maximum storage capacity; or
(4) are used as a pumped storage or terminal
				  storage facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms in this section are in
					 addition to the definitions in §
										3.2 of
					 this title (relating to Definitions). The words and terms in this section, when
					 used in this chapter, have the following meanings.
(1) Abandon--The owner no longer maintaining
				  a dam for a period of ten years, or refusing to maintain the dam.
(2) Accepted engineering practices--The
				  application of design and analysis methods that are commonly used by
				  professional engineers in their field of expertise and are well documented in
				  published design manuals, codes of practice, text books, and engineering
				  journals.
(3) Alteration--Any
				  change to a dam or appurtenant structures that affects the integrity, safety,
				  and operation of the dam, including, but not limited to:
(A) changing the height of a dam;
(B) increasing the normal pool or principal
				  spillway elevation, or changing the hydraulic capability of the principal
				  spillway; or
(C) changing the
				  original elevation, physical dimensions, or hydraulic capability of an
				  emergency spillway.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.3 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) As part of an
				  evaluation to determine if the dam and appurtenant structures constitute a
				  significant threat to human life or property, the executive director may
				  require the owner to obtain the services of an independent team of professional
				  engineers or other dam experts, at the owner's expense, to determine the
				  adequacy of the design, construction, or operation of the dam if safety
				  considerations warrant an independent review. The requirements for use of the
				  independent team of professional engineers or other dam experts will be
				  included in a guideline developed by the executive director. The executive
				  director shall submit the requirement in writing to the owner and shall provide
				  a list of engineers and other dam experts. The owner shall submit the
				  qualifications and size of the team to the executive director for any comments
				  prior to beginning the independent review.
(b) When an owner submits an application for
				  a water rights permit to either construct a dam, reconstruct, modify, enlarge,
				  rehabilitate, alter, or repair an existing dam, or authorize an existing dam
				  without making any changes to the dam, the owner shall submit the following:
(1) a conceptual design of the construction
				  for a proposed dam and appurtenant structures, or proposed reconstruction,
				  modification, enlargement, rehabilitation, alteration, or repair of an existing
				  dam;
(2) the geotechnical,
				  hydrologic, and hydraulic reports for the proposed site, if the reports have
				  been completed; and
(3) other
				  pertinent information on an existing dam using a form provided by the executive
				  director.
(4) The executive
				  director shall provide a technical review of these documents as described in
				  §
											281.19 of this
				  title (relating to Technical Review).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.4 - Professional Engineer

Current through Reg. 49, No. 28; July 12, 2024
(a) For all dams
				  subject to the executive director's review under this chapter, a professional
				  engineer shall:
(1) prepare all plans and
				  specifications;
(2) prepare
				  evaluations, analyses, or reports required by this chapter;
(3) observe the progress and the quality of
				  the construction of proposed dams or reconstruction, modification, enlargement,
				  rehabilitation, alteration, repair, or removal of existing dams to determine,
				  in general, if the construction is proceeding according to the approved
				  construction plans and specifications. It is understood that the professional
				  engineer is not responsible for the contractor's means, methods, techniques,
				  sequences, or procedures of construction selected by the contractor, or the
				  safety precautions and programs incident to the work of the contractor;
				  and
(4) either perform or supervise
				  engineering inspections, as defined in §
											299.2 of
				  this title (relating to Definitions), of high- and significant-hazard dams and
				  large, low-hazard dams, as defined in §
											299.13
				  and §
											299.14
				  of this title (relating to Size Classification Criteria; and Hazard
				  Classification Criteria; respectively).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.5 - Exception

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director may grant an exception to any or all of paragraphs (1) - (9) of this
				  subsection if the executive director determines that the physical conditions
				  involved or consequences of potential failure, when evaluated using accepted
				  engineering practices, make the requirements unnecessary:
(1)
											§
											299.4 of
				  this title (relating to Professional Engineer);
(2)
											§
											299.22
				  of this title (relating to Review and Approval of Construction Plans and
				  Specifications);
(3)
											§
											299.23
				  of this title (relating to Maintenance of Construction Records);
(4)
											§
											299.24
				  of this title (relating to Construction Progress Reports);
(5)
											§
											299.25 of
				  this title (relating to Construction Inspection);
(6)
											§
											299.26
				  of this title (relating to Construction Change Orders);
(7)
											§
											299.28 of
				  this title (relating to Deliberate Impoundment);
(8)
											§
											299.30
				  of this title (relating to Record Drawings); and
(9)
											§
											299.31
				  of this title (relating to Permanent Reference Mark).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.6 - Changing Ownership of Dams

Current through Reg. 49, No. 28; July 12, 2024
When there is a change in ownership of the property that
					 includes a dam, the current owner shall include notification to the new owner
					 in the transaction that the new owner shall notify the executive director in
					 writing within 90 days following the transaction and provide:
(1) the name, address, and telephone number
				  of the new owner(s);
(2) the date
				  of ownership transfer;
(3) the name
				  and telephone number of the individual who will be responsible for operation
				  and maintenance of the dam; and
(4)
				  a certified copy or photocopy of instruments recorded in the office of the
				  county clerk showing transfer of the dam and property on which the dam is
				  located to a new owner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter A - GENERAL PROVISIONS › Section 299.7 - Inventory of Dams

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall maintain an inventory of dams that includes information on:
(1) ownership;
(2) physical dimensions of the dam;
(3) hazard classification;
(4) normal and maximum storage
				  capacity;
(5) hydraulic
				  data;
(6) inspection
				  date;
(7) location;
(8) condition of the dam;
(9) emergency action plan status;
				  and
(10) design dates.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.11 - General

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall evaluate the hydrologic,
					 hydraulic, and structural adequacy of the dam in determining whether a proposed
					 or existing dam is considered a deficient dam.
(1) The executive director shall evaluate the
				  hydrologic and hydraulic adequacy of the dam and spillways using the criteria
				  in the most current version, at the time of the evaluation, of the agency's
Hydrologic and Hydraulic Guidelines for Dams in
				  Texas.
(2) The executive
				  director may also take into consideration the condition of the dam, including
				  the possibility that the dam might be endangered by:
(A) overtopping;
(B) seepage;
(C) piping;
(D) settlement;
(E) erosion;
(F) cracking;
(G) sinkholes;
(H) earth movement;
(I) uplift;
(J) overturning;
(K) failure of gates or operation of
				  gates;
(L) failure of
				  spillways;
(M) failure of conduits;
				  or
(N) other conditions, as
				  appropriate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.12 - Classification of Dams

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall classify all proposed and existing dams based on size (small,
				  intermediate, or large) and downstream hazard (low, significant, or high) and
				  not on the physical condition of the dam.
(b) The executive director may reclassify the
				  hazard classification of a dam at any time based on:
(1) an inspection and downstream hazard
				  evaluation by the executive director;
(2) a report of an inspection and downstream
				  hazard evaluation by the owner's professional engineer;
(3) a breach analysis performed by either the
				  executive director or the owner's professional engineer as described in §
											299.15(a)(4)(A)(i)
				  of this title (relating to Hydrologic and Hydraulic Criteria for Dams);
				  or
(4) a review of current aerial
				  photography and topographic maps, along with information obtained in the
				  field.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.13 - Size Classification Criteria

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall classify dams for size based
					 on the larger of the height of the dam or the maximum storage capacity.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.14 - Hazard Classification Criteria

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall classify dams for hazard based
					 on either potential loss of human life or property damage, in the event of
					 failure or malfunction of the dam or appurtenant structures, within affected
					 developments, that are existing at the time of the classification. The hazard
					 classification may include use of a breach analysis that addresses the
					 incremental impact of the potential breach over and above the impact of the
					 flood that may have caused the breach, as defined in §
										299.15(a)(4)(A)(i)
					 of this title (relating to Hydrologic and Hydraulic Criteria for Dams). The
					 classification must be according to the following.
(1) Low. A dam in the low-hazard potential
				  category has:
(A) no loss of human life
				  expected (no permanent habitable structures in the breach inundation area
				  downstream of the dam); and
(B)
				  minimal economic loss (located primarily in rural areas where failure may
				  damage occasional farm buildings, limited agricultural improvements, and minor
				  highways as defined in §
											299.2(38)
				  of this title (relating to Definitions)).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.15 - Hydrologic and Hydraulic Criteria for Dams

Current through Reg. 49, No. 28; July 12, 2024
(a) Hydrologic criteria.
(1) Minimum hydrologic criteria for proposed
				  dams. The following minimum hydrologic criteria includes those proposed dams to
				  be constructed according to Texas Water Code, §
											11.142.
(A) A proposed dam design must meet the
				  minimum design flood hydrograph criteria.
Attached
					 Graphic
(B) The
				  minimum design flood hydrograph must be based on the size and hazard
				  classification of a proposed dam at the time of the design and calculated using
				  the criteria in the most current version, at the time of the analysis, of the
				  agency's
Hydrologic and Hydraulic Guidelines of Dams in
				  Texas.
(C) Proposed dams
				  and spillways or dams and spillway to be reconstructed, modified, enlarged,
				  rehabilitated, or altered using hydrologic procedures of the Natural Resources
				  Conservation Service will be acceptable, provided that the procedures are shown
				  to be equal to or more conservative than the procedures provided in the most
				  current version, at the time of the analysis, of the agency's
Hydrologic and Hydraulic Guidelines for Dams in
				  Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.16 - Structural Evaluation of Dams

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner shall have a professional engineer submit a geotechnical, geological,
				  and structural evaluation in a report to the executive director with the final
				  construction plans and specifications as described in §
										299.22
				  of this title (relating to Review and Approval of Construction Plans and
				  Specifications) to support the design of a proposed dam or a dam that is
				  proposed to be reconstructed, or structurally modified, enlarged,
				  rehabilitated, or altered. The report must include, as applicable:
(1) details of the geology of the project
				  site and vicinity;
(2) location and
				  logs of test borings, pits, and shafts;
(3) results of field and laboratory tests on
				  structural and foundation materials;
(4) seepage studies;
(5) stability analyses of embankments,
				  spillways, retaining walls, and inlet structures, as described in subsection
				  (b) of this section; and
(6)
				  recommendations concerning:
(A) embankment
				  slopes, crest width, and berms;
(B)
				  core trench size and depths;
(C)
				  moisture-density and strength requirements;
(D) soil dispersion requirements;
(E) minimum compressive strength for
				  concrete;
(F) construction sequence
				  procedures and techniques for excavations and embankments;
(G) types of compaction equipment;
				  and
(H) seepage control
				  requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter B - DESIGN AND EVALUATION OF DAMS › Section 299.17 - Alternatives to Upgrading Dams

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  owner may elect to implement alternative methods, instead of upgrading the dam
				  using structural methods, to meet minimum hydrologic criteria by submitting to
				  the executive director:
(1) a plan for meeting
				  the requirements in §
											299.15(a)(3)
				  of this title (relating to Hydrologic and Hydraulic Criteria for
				  Dams);
(2) a plan for meeting the
				  requirements in §
											299.15(a)(4)
				  of this title;
(3) a plan for
				  removing the dam, as described in §
											299.51
				  of this title (relating to Removal or Breach of Dams);
(4) a plan for lowering the reservoir level
				  to a level that will allow it to meet the appropriate minimum hydrologic
				  criteria; or
(5) a plan using a
				  combination of structural and non-structural methods as proposed by the owner's
				  professional engineer.
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

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.22 - Review and Approval of Construction Plans and Specifications

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The owner shall submit final construction
				  plans and specifications, which are sealed, signed, and dated by a professional
				  engineer, to the executive director for review and approval before commencing
				  construction of a proposed dam or the reconstruction, modification,
				  enlargement, rehabilitation, alteration, or repair of an existing dam.
				  Emergency repairs are defined in §
											299.2(23)
				  of this title (relating to Definitions) and §
											299.45 of this
				  title (relating to Emergency Repairs).
(2) The executive director shall not issue
				  approval of final construction plans and specifications for construction of a
				  proposed dam or the reconstruction, modification, enlargement, rehabilitation,
				  alteration, or repair of an existing dam until a water rights permit or an
				  Edwards Aquifer protection plan, if required, is issued.
(3) The executive director shall not issue
				  approval of final construction plans and specifications for construction of a
				  proposed dam or the reconstruction, modification, enlargement, rehabilitation,
				  alteration, or repair of an existing dam unless the plans and specifications
				  include language, or design criteria, that requires the proposed contractor to
				  develop a Storm Water Pollution Prevention Plan and submit a Notice of Intent
				  (NOI) for coverage under the State of Texas Construction General Permit
				  (TXR150000), if applicable.
(4) The
				  owner shall not allow construction of a proposed dam or the reconstruction,
				  modification, enlargement, rehabilitation, alteration, or repair of an existing
				  dam to be commenced before the executive director's review of the final
				  construction plans, specifications, and other engineering reports and the owner
				  receives written approval of the final construction plans and specifications.
				  The owner shall provide a copy of the executive director's written approval to
				  the contractor before commencing construction.
(5) Construction of a proposed dam or the
				  reconstruction, modification, enlargement, rehabilitation, alteration, or
				  repair of an existing dam shall be performed according to the final
				  construction plans and specifications approved by the executive director unless
				  construction change orders have been approved as indicated in §
											299.26
				  of this title (relating to Construction Change Orders).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.23 - Maintenance of Construction Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner shall maintain construction records during construction of a proposed
				  dam or the reconstruction, modification, enlargement, rehabilitation,
				  alteration, or repair of an existing dam, which include:
(1) approved construction plans and
				  specifications;
(2) approved
				  construction change orders;
(3)
				  construction test results as described in subsection (b) of this
				  section;
(4) approval letters;
				  and
(5) construction inspection
				  reports and other engineering reports that may be developed during
				  construction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.24 - Construction Progress Reports

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner shall have a professional engineer provide the following information
				  to the executive director in writing within ten working days after construction
				  on the dam commences:
(1) the actual start
				  date;
(2) the contractor's name and
				  address; and
(3) the name and
				  telephone number of the professional engineer or inspector that will be on site
				  during construction.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.25 - Construction Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  shall have a professional engineer, or a qualified inspector, provided the
				  inspector is under the direct supervision of the owner's professional engineer,
				  conduct inspections of the construction work to determine if the work is in
				  compliance with approved construction plans, specifications, and accepted
				  engineering practices.
(b) The
				  executive director may make periodic inspections of the construction to
				  determine if the dam is in compliance with approved plans and specifications.
				  If the executive director's inspection reveals that the dam is not being
				  constructed according to the approved construction plans and specifications,
				  the executive director shall notify the owner by telephone and in writing as
				  outlined in the most current version, at the time of the evaluation, of the
				  agency's
Design and Construction Guidelines for Dams in Texas
of the deficiency items or violations noted. The executive director shall
				  direct the owner to take the necessary action to bring the project into
				  compliance with the approved plans and specifications within 30 days after
				  being notified.
(c) The owner, at
				  the owner's expense, shall submit documentation of the work or tests performed
				  or sufficient information to enable the executive director to determine if
				  conformity with approved plans and specifications is accomplished.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.26 - Construction Change Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  shall submit any proposed changes to the approved construction plans and
				  specifications to the executive director for review and approval as a
				  construction change order as defined in §
										299.2(13)
				  of this title (relating to Definitions). The construction change order must be
				  signed, sealed, and dated by a professional engineer.
(b) The owner shall submit a construction
				  change order before work starts on the proposed changes, if possible. If there
				  is an emergency requiring immediate action, a construction change order may be
				  submitted after the work is performed. However, the owner or the owner's
				  professional engineer shall inform the executive director by telephone or
				  electronic mail of the action being taken as soon as the situation allows, but
				  no later than 24 hours after becoming aware of the emergency or the need for a
				  change order. If the time needed for an approval of a change order will require
				  that the construction be halted, the work may be performed once the
				  construction change order is signed, sealed, and dated by the owner's
				  professional engineer and submitted for review. However, if the construction
				  change order is not approved, the owner shall be responsible for having any
				  work performed or modified to reflect the approved construction change order,
				  as needed.
(c) The executive
				  director shall review a construction change order according to the most current
				  version, at the time of the review, of the agency's
Design and
				  Construction Guidelines for Dams in Texas.
(d) The executive director may request that
				  the owner submit a construction change order if, during construction, the
				  executive director finds that changes to the construction plans and
				  specifications are necessary to ensure the integrity of the dam.
(e) If the proposed construction change order
				  would result in a change in the permitted water rights, the owner shall submit
				  an application for an amendment of the water rights permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.27 - Closure of Dam

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner shall
				  have a professional engineer submit a written request to close the dam to the
				  executive director for approval as described in the most current version, at
				  the time of the closure, of the agency's
Design and Construction
				  Guidelines for Dams in Texas
before beginning closure of the dam. The
				  request must include:
(1) a copy of the
				  owner's emergency action plan; and
(2) documentation that all parts of the
				  proposed plan for closure of the dam, as described in §
											299.22(d)(2)(B)
				  of this title (relating to Review and Approval of Construction Plans and
				  Specifications), have been met.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.28 - Deliberate Impoundment

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  of a dam and reservoir designed to impound more than 1,000 acre-feet at normal
				  storage capacity shall submit a written request to the executive director to
				  begin deliberate impoundment of water, as defined in §
										299.2(17)
				  of this title (relating to Definitions). The owner shall submit a letter from
				  the owner's professional engineer stating that the dam is substantially
				  complete.
(b) The owner may begin
				  deliberate impoundment after receiving written approval from the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter C - CONSTRUCTION REQUIREMENTS › Section 299.29 - Notification of Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner
				  shall have the professional engineer of record submit written notification,
				  which is sealed, signed, and dated, to the executive director within 45
				  calendar days after the work is substantially completed on the construction of
				  a proposed dam or the reconstruction, modification, enlargement,
				  rehabilitation, alteration, or repair of an existing dam. This notification may
				  be submitted separately from the record drawings.
(b) The owner's professional engineer shall
				  state that, to the best of the professional engineer's knowledge, the
				  construction or reconstruction, modification, enlargement, rehabilitation,
				  alteration, or repair was completed in substantial compliance with the approved
				  plans and specifications and any approved construction change orders.
(c) For projects excepted under §
										299.5 of
				  this title (relating to Exception), the owner shall notify the executive
				  director in writing that construction or reconstruction, modification,
				  enlargement, rehabilitation, alteration, or repair was completed.