If a district requires another district to move dredged spoils or materials, it must follow Corps requirements and either pay the relocation/removal cost or do the work itself.
Sec. 60.1021. RELOCATION OR REMOVAL OF DREDGED SPOILS OR MATERIALS. (a) In this section: (1) "Dredged material placement area" means a federally authorized disposal site for dredged spoils or materials. (2) "Sole expense" means the actual cost of or an in-kind contribution for the relocation or removal after deducting the net salvage value derived from the dredged spoils or materials. (b) If, in an exercise of the district's powers under this subchapter, the district's power of eminent domain, or the district's police power, a district requires the relocation or removal of dredged spoils or materials from a dredged material placement area owned, operated, managed, or established by another district, the district that requires the relocation or removal shall: (1) comply with all requirements imposed by the United States Army Corps of Engineers related to the dredged material placement area; and (2) either: (A) pay at the district's sole expense the cost of relocating or removing dredged spoils or materials; or (B) relocate or remove the dredged spoils or materials. (c) If the relocation or removal of dredged spoils or materials under Subsection (b) results in the reduction of another district's rights to capacity in the dredged material placement area, the district that required the relocation or removal shall be obligated to: (1) replace the affected district's lost capacity and provide rights to the replaced lost capacity in an alternative dredged material placement area; and (2) pay the affected district's increased costs, if any, to transport the dredged spoils or materials associated with the lost capacity to the alternative dredged material placement area described by Subdivision (1). Added by Acts 2025, 89th Leg., R.S., Ch. 69 (S.B. 1746), Sec. 1, eff. May 19, 2025.