Written approval of the executive director must be obtained prior to deliberate impoundment of water in a partly or newly completed reservoir designed to impound more than 1000 acre-feet at normal storage capacity. Deliberate impoundment shall mean any act which results in the intentional impoundment of water in the reservoir and includes, but is not limited to, closure of the lowest planned outlet or spillway serving the reservoir, blocking the diversion works used during the construction, and beginning backfill within the closure section of a dam. Temporary closing of a valve or spillway gate for operational testing shall not be construed as an act of deliberate impoundment.

Source Note:The provisions of this §299.29 adopted to be effective May 13, 1986, 11 TexReg 1978.