Flood gauge near Brushy Creek home in Williamson County

Steve Muccini doesn't give the dam near his Brushy Creek home in Williamson County much thought.

"It's a nice place to walk. It keeps houses from being built there. That's about it. I'm not really too concerned about it," he said.

Muccini’s response doesn’t surprise the Texas Commission on Environmental Quality, which oversees most of the dams in Texas. TCEQ program coordinator Warren Samuelson said many people take the infrastructure for granted.

"Because we are getting more people in the state of Texas and they are looking for places to live, they assume, a lot of the time, that if the dam is there it's going to protect them," Samuelson said.

But that's not always the case. Upper Brushy Creek Dam Site 11 is classified as a high-hazard dam because if it were to fail, it could cost people downstream their lives.

"If water were to ever come over the top of the dam it would wash this large, carefully made pile of dirt away and release a wall of water and debris downstream putting everyone in harm's way," Mike Erdmann, the general manager of Upper Brushy Creek Water Control Improvement District, said.

Keeping Brushy Creek homeowners safe is Erdmann's top priority. He said the worst thing that could happen is a dam busting overnight and catching people off guard.

The likelihood of the dam failing is slim, but if any of the 23 dams in the Brushy Creek district were to fail today, Erdmann would have a tough time warning those in harm’s way. That's because the district doesn’t have an Emergency Action Plan in place.

"[The Emergency Action Plan] sets up a plan for the owner to present that plan to the county so people can be evacuated at a timely manner," Samuelson said.

Erdmann plans to have one prepared for Brushy Creek by next year.

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	Emergency planning The TCEQ doesn't require emergency action plans for Texas dams.

But other dam owners in Texas aren't on the same track. TCEQ data shows there are 1,596 dams in Texas without an Emergency Action Plan.

"There is no requirement in our rules for emergency action plans," Samuelson said.

Under TCEQ rules, the commission may request or order the owner of a dam to plan for a failure. But unlike states such as Arizona and Pennsylvania, Texas doesn’t require them.

According to the Association of State Dam Safety Officials, 32 states require emergency action plans for some or all of
their dams. Seventeen do not, including Texas.

"Right now we don't have the right legislation to prosecute or go after unsafe dams in Texas,” Jack Furlong of the American Society of Civil Engineers said.

State Rep. Brandon Creighton is concerned. He’s a member of the state's natural resources committee and is working on legislation to improve the TCEQ’s Dam Safety Program.

	Part 1
Opening the Floodgates: The trouble with Texas dams

"We want to make sure we have the resource in place to protect that structure," Creighton said.

The state authorizes TCEQ to govern itself. Fortunately, TCEQ is looking into making Emergency Action Plans a requirement. For now, the commission relies on educating dam owners through workshops and online resources.

"We don't want people losing life because nobody knew," Samuelson said.

But right now there's no one holding owners of dams in Texas accountable for Emergency Action Plans.

Engineers say, only then, will homeowners like Muccini be completely safe.

	Emergency Action Plans
State Dam Safety Program Performance Information - Reporting Year: 2006 Does your state require this information to be included in a permit application for new construction, reconstruction, or modification? (Yes/No): Emergency Action Plan (EAP)? No: 15 Yes: 34 Texas: No Does your state do the following? (yes/no): 1. State requires a dam owner of a high or significant hazard potential dam to prepare, update and periodically test an Emergency Action Plan No: 17 Yes: 32 Texas: No 2. State requires that owner immediately notify the state dam safety agency and responsible authorities in the affected downstream areas of any condition which threatens the safety of the dam or downstream areas (CRS Credit Point 8)? No: 12 Yes: 37 Texas: No 3. State requires an owner to take all necessary actions during an emergency to protect life, health and property? No: 5 Yes: 44 Texas: Yes 4. State has an internal emergency response procedure, which includes coordination with the state emergency management agency? No: 5 Yes: 44 Texas: Yes 5. State has a program in place to train dam owners on development of an Emergency Action Plan? No: 27 Yes: 22 Texas: Yes 6. State has a program to notify owners when it is time to update the plan? No: 24 Yes: 25 Texas: No 7. State requires the following basic elements in its Emergency Action Plans? a. Emergency notification flowchart and information? No: 11 Yes: 35 Texas: No b. Statement of Purpose? No: 13 Yes: 33 Texas: No c. Emergency detection, evaluation and action procedures? No: 9 Yes: 37 Texas: No No: 11 Yes: 35 Texas: No e. Preparedness actions? No: 11 Yes: 35 Texas: No f. Inundation maps? No: 12 Yes: 34 Texas: No g. Appendices of necessary documents? No: 14 Yes: 32 Texas: No Source: Texas Commission on Environmental Quality