DHS and CBP waived Rivers and Harbors Act levee-safety review to keep building the Big Bend border wall amid a flood-risk lawsuit

On July 2, 2026, the Department of Homeland Security and U.S. Customs and Border Protection waived requirements under the Rivers and Harbors Act of 1899, which mandates U.S. Army Corps of Engineers approval before significant alterations to levee systems, in order to continue border wall construction in the Big Bend region near Presidio, Texas.

The waiver came two weeks after the Presidio Municipal Development District (PMDD), which represents roughly 52 square miles of land protected by the Presidio Flood Control Project levee, sued DHS and CBP in the U.S. District Court for the District of Columbia. PMDD's complaint argued that the proposed 175-mile wall segment and related infrastructure could compromise the levee without the Army Corps approval the 1899 law requires, creating what the suit called a "deadly" flooding risk for the city. DHS had already waived a range of environmental and contracting statutes for the project in February 2026, but had not previously exempted the Rivers and Harbors Act until the July 2 update.

PMDD's counsel said DHS's response to the lawsuit was to "rush to waive the legal requirements of that law too," rather than complete the safety assessment the group says is legally required before construction affecting the levee or floodplain proceeds. The wall segment is being built under a $1.2 billion contract awarded to Fisher Sand & Gravel in March 2026.