When a violation under §304.32 of this title (relating to Violations) occurs, the watermaster or the executive director may seek voluntary compliance, or may pursue appropriate enforcement action. In the absence of voluntary compliance:

(1) the watermaster may refuse to recognize a declaration of intent;

(2) the watermaster may lock headgates or pumping facilities or take other necessary actions to effectively cease diversion, impoundment, transport, or release of state water under the account associated with the violation; provided, however, that for violations of §304.32(a)(4) or (5) of this title, the diverter will be given at least ten days notice prior to any such action by the watermaster;

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

(4) the executive director may refer the violation to the attorney general for appropriate legal remedy in a court of competent jurisdiction, which may include a penalty assessment to the maximum extent allowed by law;

(5) the watermaster may issue a field citation in accordance with §304.34 of this title (relating to Field Citation by Watermaster); or

(6) the executive director may seek any other appropriate remedies or action available at law.

Source Note: The provisions of this §304.33 adopted to be effective August 5, 1988, 13 TexReg 3639; amended to be effective January 4, 1999, 24 TexReg 13101; amended to be effective May 3, 2006, 31 TexReg 3578