Are there any pre-requisites to a local government bringing a claim under Section 7.351 of the Texas Water Code?

Yes.  Section 7.351 limits actions to violations or threatened violations that have occurred or are occurring in the jurisdiction of a local government.   However, a local government may not exercise the enforcement power authorized by this statute unless its governing body adopts a resolution authorizing the exercise of the power and the TCEQ must be joined as a necessary and indispensable party. 

Venue is appropriate in Travis County, in the county in which the defendant resides, or in the county in which the violation or threat of violation occurs.

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