huh?
I love amateur lawyers, like me!
As mentioned above, there is a common law (sometimes codified into state law) restriction about 100% sequestration, aka not letting the natural flow continue below the dam. Lots of law suits about that one as you can see how lawyers can get cute with the definitions.
The rest of your friend's legal advice looks bogus. 1) most TX counties have no regulation on this. (are you in an incorporated area?) 2) Have the local Department of Ag (USA) NCRS agent come out and look it over. She/He is hands down the local expert, and is likely, as in my county's case, the "expert witness" for the county commissioners and courts. And, if she/he is set up right, she/he may do the entire survey for free.