Is there a cap on how much the local government or its private attorney’s can recover for claims under Section 7.351 of the Texas Water Code?

Yes.  Section 7.107 of the Texas Water Code was recently added which states that a civil penalty recovered in a suit brought by a local government shall be divided as follows:

  • The first $4.3 million of the amount recovered shall be divided equally between the state and the local government that brought the suit; and
  • Any amount recovered in excess of $4.3 million shall be awarded to the state of Texas. 

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