Illegal dams see new pushback from Texas lawmaker
Jan 22, 2025
A structure built along Beaver Creek has slowed flow to Lake Buchanan, according to a KXAN viewer. (Credit: Todd Bailey/KXAN)
Burnet County, Texas (KXAN) -- Lake Buchanan is loved by many for its wildlife and fishing opportunities, and it could be one of many Texas water sources threatened by an increase in structures acting like dams across the state.
"It's such a beautiful, pristine area, and I'm concerned that shutting off the water in this area will not only hurt Beaver Creek, it will hurt the entire lake," a frequent visitor to the lake told KXAN.
The visitor, who wished to remain anonymous, reported the structure to KXAN following our ongoing investigation into the Texas water crisis.
"I first noticed the back of Beaver Creek didn't have any water in it, even after we started receiving rains," the visitor said. "I noticed that there was some kind of impoundment up above these rocks."
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The structure on Beaver Creek, which lies on the north end of Lake Buchanan, appears to be a water crossing that was built legally. The landowners, who declined to comment for this story, has permits for three dams, also known as water impoundments, on their property.
Is it a dam?
Kimberly Meitzen, an associate professor of geography at Texas State University, researches how dams and water impoundments impact the water systems of Texas. According to her research, there are thousands of structures acting as dams across the state, including many low water crossings.
Four structures are built along the Beaver Creek waterway, including three dams built with permits and a water crossing. (KXAN Graphic)
The Texas Commission on Environmental Quality and Texas Parks and Wildlife Department oversee the permitting for dams in Texas. Neither had records for a dam built on Beaver Creek.
"Do they meet the criteria where they're required to be permitted?" Texas State Sen. Pete Flores asked, when asked about the Beaver Creek crossing.
A member of the Texas Senate Committee on Water, Agriculture and Rural Affairs, Flores represents District 24, which includes Burnet County.
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According to Flores, every structure is a separate case and must be evaluated individually.
TCEQ said that a dam will need a permit if it:
The impoundment is located on a watercourse. A watercourse is a channel where water flows within a defined bed and banks. The water does not need to be constantly flowing for the stream to be a watercourse.
The impoundment has a normal storage capacity more than 200-acre feet of water.
The impoundment is taller than six feet in height.
Flores, who used to serve as a game warden and investigated similar issues, said that a complaint must be filed with a state agency for them to investigate if it qualifies as a dam and needs permits.
The senator said he believes the laws we have in place currently are enough to prevent illegal dams.
"I think that that that currently it's sufficient," Flores said. "It works. Can any process be improved? Certainly."
Keeping water flowing
"The process, it works. The process does work. It may not be as quick as some people would like," Flores said.
Texas Sen. Pete Flores (District 24) said that current laws are enough, but people need to know how to report issues as they arise. (KXAN Photo/Chris Nelson)
The senator said education is the best way to prevent future constructions that could cause issues to our waterways. This would require state agencies to be involved in educating the public.
Flores agreed to reach out to these agencies and ask them to get more involved.
"The more we educate the public about what is lawful and what is not and (the) complaint process that one can partake, it's better for everyone," Flores said.
As for Beaver Creek, the water still flows, albeit slowly.
"It's such a beautiful, pristine area, and I'm concerned that shutting off the water in this area will not only hurt Beaver Creek, it will hurt the entire lake," the visitor said.