PRESIDIO, TEXAS — The Trump administration waived the Rivers and Harbors Act of 1899 on July 2, 2026, for the border wall project in the Big Bend region. The Department of Homeland Security updated its waiver notice to include the act as part of a legal response to a lawsuit filed by the Presidio Municipal Development District over flood safety concerns.

The district, a local economic development group, filed the lawsuit alleging the border wall plan violates the Rivers and Harbors Act of 1899, which requires engineering approval from the U.S. Army Corps of Engineers for alterations to a levee system. The district claims the plan could lead to flooding that would harm its property and initiatives. It is requesting a federal judge to issue an injunction to stop construction in the region. "The levees protect the entire City of Presidio and its residents, and flooding would threaten lives, homes, businesses, and infrastructure," the Presidio Municipal Development District stated.

Skye Perryman, president and CEO of the Democracy Forward Foundation, commented on the waiver. "When faced with our lawsuit raising the government's non-compliance with the Rivers and Harbors Act and related safety concerns, of course DHS's response was to rush to waive the legal requirements of that law too," Perryman said. "We're quite confident in the positions in our case and are looking forward to following up with a brief with the court later this week."

The lawsuit claims border agencies are not coordinating with other government agencies as legally required regarding alterations to the Presidio Flood Control Project. The levee, owned by the International Boundary and Water Commission, provides flood protection to approximately 52 square miles of urban and agricultural land in Presidio and underwent upgrades after a flood in 2008. The Department of Homeland Security previously waived environmental, cultural resource protection, and contracting laws for the border wall in the Big Bend region.

The Trump administration stated in court documents filed in early July that plans for the border wall in Presidio are not yet finalized. The original construction timeline was scheduled to begin as early as August 2026. The Department of Homeland Security requested that any injunction halting construction be limited to the 12.75-mile levee expanse rather than the entire 175-mile Big Bend area project. The government urged the court to reject the plaintiffs' request for an injunction.

The Department of Homeland Security stated that Customs and Border Protection is in regular contact with the Army Corps and the International Boundary and Water Commission. Border agencies stated in court documents that multiple designs for the border wall around the levee area are under consideration. One design involves a reinforced concrete levee wall matching the levee's height, with 30-foot steel bollard panels on top. Another design proposes a traditional bollard wall closer to the river, located behind the existing levee.

Fisher Sand & Gravel was awarded a $1.2 billion contract in March 2026 to build the section of the wall through Presidio. Communications obtained through Marfa Public Radio indicated that as of late March 2026, in-depth discussions between federal agencies about the project had not taken place. An International Boundary and Water Commission engineer noted that Customs and Border Protection had canceled a March 17 meeting about the project. International Boundary and Water Commission and Customs and Border Protection attorneys exchanged official responses to the district's inquiry on April 1, 2026.

The government's response cites the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which gives the DHS Secretary authority to waive legal requirements for barrier and road installation in areas of high illegal entry. Court documents state that every judicial challenge to the DHS Secretary's exercise of waiver authority under this act has been rejected over the past two decades. The Big Bend Sector is the geographically largest sector along the border but is one of the least trafficked.