Tex.
Water Code Section 11.082
Unlawful Use: Civil Penalty
(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 (Relationship to Other Laws), this section does not apply to a violation of:(1)
Section 18.003 (Diversions of Marine Seawater) or a permit issued under that section; or(2)
Section 18.004 (Bed and Banks Authorization) 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.
Source:
Section 11.082 — Unlawful Use: Civil Penalty, https://statutes.capitol.texas.gov/Docs/WA/htm/WA.11.htm#11.082 (accessed Jun. 5, 2024).
