Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986 Page: 1,184
1163-1244 p. ; 28 cm.View a full description of this periodical.
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to the Texas Water Code, Chapters 5, 16,
and 57, to implement this policy by the pro-
mulgation of these sections.
301.2. Dfinidons. The following words
and terms, when used in this chapter, shall
have the following meanings, unless the con-
text clearly indicates otherwise:
As-built plans-The engineering plans
and specifications for levees or other im-
provements which reflect the structures as ac-
tually built, for which preliminary plans and
final plans were approved, and which are
submitted to the executive director of the
Texas Water Conmission for his issuance of
notice of final approval.
Final plans-The final engineering
plans and specifications for levees or other
improvements submitted to the executive di-
rector of the Texas Water Commission for
his approval subsequent to commission ap-
proval of preliminary plans.
Levee improvement district or dis-
trict-Any levee improvement district organ-
ized under the provisions of the Texas Water
Code, Chapter 57.
Levee(s) or other improvement(s)-
Any levee or other improvement, including
channel improvements, drainage works, or
other projects on, along, or near any stream
in this state that is subject to floods, freshets,
or overflows and is constructed to control,
regulate, or otherwise change the floodwater
of the stream. However, the term does not
include:
(A) levees or other improvements
for which approval by the Texas Water Comn-
mission is not required pursuant to the Texas
Water Code, g16.236;
(B) bridges, culverts, and roads
that are not designed or constructed with the
primary purpose to and that do not signifi-
cantly control, regulate, or otherwise change
the floodwaters of a stream;
(C) drainage works which do not
directly connect to a stream;
(D) projects which, when com-
pleted, will receive runoff from an area of
less than five square miles measured to the
lowest point of construction;
(?) fences;
(F) cutting, clearing, or removing
vegetation; and
(G) levees and landfills located
within the 100-year flood-fringe area, as
defined in clauses (i)-(iv) of this subpara-
graph, as determined by a registered piofes-
slonal engineer using the United States Army
Corps of Engineers Hydrologic Engineering
Center I and II procedures or other standard
procedure acceptable to the executive direc-
tor of the Texas Watei Commission.
(i) 100-year flood-the peak
flood discharge of a stream, based upon sta-
tistical data, which would have a 1.0%
chance of occurring in any given year.
(ii) 100-year flood fringe-that
arg of the 100-year floodplain outside the
100-year floodway.(III) 100-year floodplain-that
area along a stream during the time the
stream is subject to the statistical 100-year
flood, as determined by a registered profes-
sional engineer using the United States Army
Corps of Engineers Hydrologic Engineering
Center I and II procedures or other standard
procedure acceptable to the executive direc-
tor of the Texas Water Commission.
(iv) 100-year floodway-the
channel of a stream and adjacent land areas
that must be reserved in order to discharge
the 100-year flood without cumulatively in-
creasing the water surface elevation more
than one foot.
Plan of reclamation-The proposed
plan of reclamation after approval by the
Texas Water Commission.
Preliminary plans-The preliminary
engineering plans and specifications for levees
or other improvements submitted for ap-
proval by the Texas Water Comnission pur-
suant to Texas Water Code, Chapter 16.
Proposed plan of reclamation-The
application filed by a levee improvement dis-
trict for approval by the Texas Water Com-
mission, which is composed of the district
engineer's reclamation report (termed "en-
gineer's report" in the Texas Water Code,
157.154) which shall include conceptual and
economic data, maps, and profiles of results
of land surveys, and which may include pre-
liminary plans and specifications for levees
or other improvements.
301.3. Authority To Go On Land. Rep-
resentatives of the executive director of the
Texas Water Commission may enter any land
or go on any water with appropriate equip-
ment for the purpose of surveillance and in-
spection with reference to the proposed loca-
tion of levees or other improvements.
P301.4. AppwrvsRquid. In acconhance
with the Texas Water Code, Chapters 16 and
57, the approvals set forth in paragraphs (1)
and (2) of this section required:
(1) the approval of the Texas Water
Commission for the following:
(A) levee improvement district
proposed plans of reclamation. The proced-
ure for submission and approval of district
proposed plans of reclamation is set forth
in 301.5 of this title (relating to Proposed
Plan of Reclamation) and 301.6 of this title
(relating to Preliminary Plans Not in Pro-
posed Plan of Reclamation), and in 301.21-
301.23 of this title (relating to Levee Im-
provement Districts and Appi oval of District
Plans of Reclamation);
(B) preliminary plans for con-
struction of levees or other improvements.
The procedure for submission and approval
of preliminary plans is set forth in 301.6 of
this title (relating to Preliminary Plans Not
in Proposed Plan of Reclamation) and in
301.31-301.46 of this title (relating to Ap-
proval of Levees and Other Improvements);
(2) the approval of the executive di-
rector for final plans for levees and other im-
provements. The procedure for submissionand approval is set forth in 301.38 of this
title (relating to Procedures Subsequent to
Approval of Preliminary Plans).
301.5. Propoed Plan of Reclamation.
A levee improvement district's proposed plan
of reclamation should include preliminary
plans for levees or other improvements. The
commission may consider approval of a pro-
posed plan of reclamation and related pre-
liminary plans for levees and other improve-
ments in one proceeding. Preliminary plans
so included must comply with 301.31-
301.46 of this title (relating to Approval of
Levees and Other Improvements). If so sub-
mitted and approved by the Texas Water
Commission as the district's plan of reclama-
tion, the district may proceed to submission
of final plans to the executive director pur-
suant to 301.38 of this title (relating to Pro-
cedures Subsequent to Approval of Prelim-
inary Plans).
301.6. Preliminary Plans Not in Proposed
Plan of Reclamation. If Dreliminary plans
for levees or other improvements were not
included in the approved plan of reclama-
tion, prior to commencement of construc-
tion of any such works, the district must
comply with 301.31,301.46 of this title (re-
lating to Approval of Levees and Other Im-
provements) and 301.51-301.56 of this title
(relating to Notice and Hearing). The district
may omit preliminary plans for particular
structures from the proposed plan of recla-
mation if, in the opinion of the executive
director of the Texas Water Commission,
omission of the preliminary plans from the
proposed plan of reclamation, due to size of
the district or otherwise, would result in
more efficient handling of the application.
301.7. Injunction and Monetary Pinalties.
Pursuant to the Texas Water Code,
16.236(b) and (c), the executive director of
the Texas Water Commission may request
the attorney general to file suit in a district
court of Travis County to enjoin any such
violadon or threatened violation of the Texas
Water Code, 16.236, to seek monetary pen-
alties, or both.
Issued in Austin, Texas, on February 25, 19868.
TRD-8601986 James K. Rourke Jr.
General Counsel
Texas Water Commlislon
Effective date: March 3, 1986
Expiration date: July 1, 1986
For further Information, please call
(512) 463- 070.Subchapter B. Levee Improvement
Districts and Approval of
District Plans of Reclamation
*31 TAC 301.21-301.23
These new sections are adopted on an
emergency basis under the Texas Water11 TexRe 1184 March 11, 1986
__ ~_ __
Trxas Register 41p
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Texas. Secretary of State. Texas Register, Volume 11, Number 19, Pages 1163-1244, March 11, 1986, periodical, March 11, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243767/m1/22/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.