Texas Water Code

§ 36.102 — ENFORCEMENT OF RULES

WA § 36.102Title 2. WATER ADMINISTRATION · Part E. GROUNDWATER MANAGEMENT · Ch. 36. GROUNDWATER CONSERVATION DISTRICTS · Art. D. POWERS AND DUTIES

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(a)A district may enforce this chapter and its rules against any person by injunction, mandatory injunction, or other appropriate remedy in a court of competent jurisdiction.

(b)Except as provided by Subsection (f), the board by rule may set reasonable civil penalties, including a range of reasonable civil penalties, that the district may recover from any person for breach of any rule of the district in an amount not to exceed $25,000 per day per violation, and each day of a continuing violation constitutes a separate violation. (b-1) In determining the amount of a civil penalty under this section, the court shall consider:

(1)the nature, circumstances, extent, duration, and gravity of the violation, with special emphasis on the effect of the violation on:

(A)groundwater resources;

(B)another person's right to produce groundwater;

(C)public health and safety; or

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 425 (H.B. 2063), Sec. 1, eff. June 19, 2009. Acts 2025, 89th Leg., R.S., Ch. 1121 (H.B. 5560), Sec. 1, eff. September 1, 2025.