SECTION 303.32. Enforcement Actions

(a) The watermaster may seek voluntary compliance by ordering that:

(1) a violator cease and desist any unauthorized diversion, taking, impoundment, transfer, or use of state water;

(2) the owner of a lawful dam on a tributary pass inflows sufficient to satisfy the needs of downstream senior and superior rights; or

(3) any person in violation of the Texas Water Code, commission rules, permit, certificate of adjudication, or commission order take necessary actions to achieve compliance.

(b) In the absence of voluntary compliance in a timely manner, the watermaster may:

(1) lock headgates or pumping facilities or take other necessary actions to effectively cease any unauthorized diversion or impoundment of state water;

(2) refuse to issue a certification; or

(3) refer the violation to the executive director.

(c) The executive director may:

(1) seek voluntary compliance;

(2) refer a case to the attorney general for any appropriate legal remedy in a court of competent jurisdiction, which may include a penalty assessment of not more than $1,000 for each day the violator continues the taking, diversion, or appropriation as set forth in the Texas Water Code, §11.082;

(3) seek an action before the commission culminating with the issuance of an appropriate order, which if subsequently violated, may be referred to the attorney general for appropriate action in a court of competent jurisdiction;

(4) issue a field citation in accordance with §303.35 (relating to Field Citation by Watermaster); or

(5) seek any other appropriate remedies or actions which are available at law.

Source Note: The provisions of this §303.32 adopted to be effective July 2, 1986, 11 TexReg 2890; amended to be effective January 4, 1999, 24 TexReg 13100