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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person who wilfully takes, diverts, or appropriates state water without complying with the applicable requirements of this chapter is also liable to a civil penalty of not more than $5,000 for each day he continues the taking, diversion, or appropriation.
(a-1) Notwithstanding Section 18.002, this section does not apply to a violation of:
(1) Section 18.003 or a permit issued under that section; or
(2) Section 18.004 or an authorization granted under that section.
(b) The state may recover the penalties prescribed in Subsection (a) by suit brought for that purpose in a court of competent jurisdiction. The state may seek those penalties regardless of whether a watermaster has been appointed for the water division, river basin, or segment of a river basin where the unlawful use is alleged to have occurred.
(c) An action to collect the penalty provided in this section must be brought within two years from the date of the alleged violation.
Cite this article: FindLaw.com - Texas Water Code - WATER § 11.082. Unlawful Use: Civil Penalty - last updated January 01, 2024 | https://codes.findlaw.com/tx/water-code/water-sect-11-082/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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