BELL COUNTY, Texas — A Bell County woman has a flooding problem on her hands after she says a neighboring property was altered and water was diverted.
After she called 6 News for a 6 Fix in September, Mary Billeck hasn't received the fix she has been wanting, but she has been connected with another agency that is going to look into her problem further.
Billeck has tried to get help and answers from many different organizations and agencies at the local level and state level. 6 News was able to find out she could report her situation to the Brazos Watermaster. The program is expected to assess her situation in the near future.
The 6 News team had also been able to receive some information about the problem Billeck is dealing with.
A spokesperson for the City of Temple said no building permits for work were obtained by a neighboring property.
The spokesperson's e-mail to 6 News went on to say:
"Because a permit has not been obtained yet, a stop work order was issued by Code Compliance, the building permit process is needed to determine how the development would impact neighboring properties from a drainage perspective. The City recently visited the site, and it appears no additional work has been done at this time. The City is currently working on next steps in the process, which can include Code Compliance citing the property owner and enforcing correction of the flooding issue, if it has not yet been remedied. Both businesses and residences must obtain permits and ensure city codes are kept."
6 News also reached out to the Texas Commission on Environmental Quality (TCEQ) since they are the ones that manage surface water in the state. The TCEQ declined an interview but did answer several questions in an e-mail.
What is the importance of the Texas Water Code?
The Texas Water Code, specifically Chapter 11, is the legal basis for TCEQ’s water rights programs.
Whose job is it to uphold the Texas Water Code? TCEQ or the localities like the City of Temple?
The TCEQ is the state agency charged with managing surface water in Texas, which is primarily accomplished through permitting and enforcement of water rights.
If someone breaks the Texas Water Code, what are the punishments/consequences?
Information on the Enforcement Process is available on TCEQ’s website at Investigations, Compliance, and Enforcement - Texas Commission on Environmental Quality - www.tceq.texas.gov
Does TCEQ see issues of water diversion becoming more common?
Drought conditions have been present to varying degrees for several years. During times of drought, the TCEQ often sees increased concerns about water use/diversion. Water rights and water diversions in the Temple and Waco areas are managed by TCEQ’s Brazos Watermaster Program. Watermaster Programs enforce water rights within their jurisdictions. In other parts of the state, TCEQ regional offices enforce water rights. Information on TCEQ’s Watermaster Programs is available on TCEQ’s website at Watermasters - Texas Commission on Environmental Quality - www.tceq.texas.gov
When is diverting water legal?
State water is the water of the flow of every river, natural stream, and lake and of every bay or arm of the Gulf of Mexico and the storm water, floodwater and rainwater of every river, natural stream, canyon, ravine, depression and watercourse in the state. Authorization from TCEQ is required if someone wants to use state water unless the use falls under an exemption. The most common exemption is for individual domestic and livestock watering purposes. Diversion of water without a water right or where an exemption does not apply is not legal. More information on the Water Rights Permitting Program is available on TCEQ’s website at Surface Water Rights and Availability - Texas Commission on Environmental Quality - www.tceq.texas.gov.
Is there any advice for Texans who are dealing with flooding after someone reportedly diverted water without permit?
Unpermitted diversions can be reported to the Brazos Watermaster at brazoswm@tceq.texas.gov. However, flooding a neighboring property is a civil matter and is not regulated by the TCEQ.
Stay with 6 News as this story develops.
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