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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 304WATERMASTER OPERATIONS
SUBCHAPTER DENFORCEMENT REGARDING WATERMASTER OPERATIONS
RULE §304.32Violations

(a) It is a violation for any person to do the following:

  (1) divert, transport, use, or make a dedicated release of state water, either personally or through another, without proper authorization under the Texas Water Code or any applicable final judgment rendered by a court of competent jurisdiction, or without submitting to the watermaster a declaration of intent in accordance with §304.15(a) or (g) of this title (relating to Declarations of Intent to Divert, Transport, or Release Water);

  (2) impound without proper authorization under the Texas Water Code or any applicable final judgment rendered by a court of competent jurisdiction;

  (3) fail to modify a declaration of intent in advance of a desired change as provided in §304.15(f) of this title;

  (4) fail to provide a measuring device as required in §304.13 of this title (relating to Requirement for Measurement Devices);

  (5) fail to provide an outlet as required in §304.14 of this title (relating to Requirement for Outlets for Passage of Water);

  (6) refuse to allow, or to interfere with, the inspection of any land, natural watercourse, artificial waterway, impoundment, return flow point, or diversion facility by an employee of the commission that would assist the commission in the discharge of its duties;

  (7) break, tamper with, or mutilate any seal or other device used to enforce orders of the commission, executive director, court, or watermaster; or

  (8) fail to comply with any statute, rule, or commission or watermaster order.

(b) The list of violations in subsection (a) of this section is not exclusive. In addition to other violations of Texas Water Code, Chapter 11, and the commission's rules, a failure to comply with a commission or watermaster order under this section is a violation of Texas Water Code, §11.081.


Source Note: The provisions of this §304.32 adopted to be effective August 5, 1988, 13 TexReg 3639; amended to be effective May 3, 2006, 31 TexReg 3578

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