Texas Codes

Tex. Water Code § 26.023 (2026)

Water Quality Standards

✓ current as of May 2026

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Sec. 26.023. WATER QUALITY STANDARDS. The commission by rule shall set water quality standards for the water in the state and may amend the standards from time to time. The commission has the sole and exclusive authority to set water quality standards for all water in the state. The commission shall consider the existence and effects of nonpoint source pollution, toxic materials, and nutrient loading in developing water quality standards and related waste load models for water quality. The commission shall develop standards based on all quality assured data obtained by the commission, including the local watershed and river basin database described by Section 26.0135(c)(2). In this section, "quality assured data" has the meaning assigned by Section 26.0135(i).

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.072, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 294, Sec. 3, eff. June 7, 1991; Acts 1997, 75th Leg., ch. 101, Sec. 3, eff. Sept. 1, 1997.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1983–2025 · leading case: Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013).

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Texas Comm'n on Env't Quality v. City of Waco, 413 S.W.3d 409 (Tex. 2013). “§ 1313 (a), (d); Tex. Water Code § 26.023; see also id. § 5.”

City of Austin v. Quick, 930 S.W.2d 678 (Tex. App. 1996). “Tex. Water Code Ann. § 26.023 (West Supp.”

Presbyterian Hosp. North v. Texas Health Facilities Comm'n, 664 S.W.2d 391 (Tex. App. 1983). “Regulatory statutes often do not exclusively specify the ultimate standards for agency action, but rather leave this up to the agency; sometimes the statutes do not specify any of the ultimate standards for agency action.”

AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Comm'n on Env't Quality; & Jonah Water Special Util. Dist. v. City of Georgetown, Texas (Tex. App. 2025). · cites it 3× “41 Tex. Water Code § 26.023 ................”

AIRW 2017-7, L.P.; 600 Westinghouse Investments, LLC; 800 Westinghouse Investments, LLC; Texas Comm'n on Env't Quality; & Jonah Water Special Util. Dist. v. City of Georgetown, Texas (Tex. App. 2025). · cites it 2× “081; see also Tex. Water Code § 26.023 (“The commission .”

Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court (Tex. App. 2015). · cites it 2× “3, 4, 56 xii TEX. WATER CODE § 26.023 ................”

Pape Partners, Ltd, Glenn R. Pape & Kenneth W. Pape v. DRR Fam. Props. LP & Louise W. Champagne (Tex. App. 2020). “See TEX. WATER CODE ANN. § 26.023; see also id.”

Save Our Springs All., Inc. v. Texas Comm'n on Env't Quality & the City of Dripping Springs (Tex. 2025). “pdf; see also TEX. WATER CODE § 26.023 (“The commission by rule shall set water quality standards for the water in the state .”

Mark R. Vickery, Exec. Dir. of the Texas Comm'n on Env't Quality v. C. M. Stanley, Jr. (Tex. App. 2010). “TEX. WATER CODE ANN. §§ 26.023, 26.127 (Vernon 2008).”

Texas Comm'n on Env't Quality v. Exxon Mobil Corp. ExxonMobil Oil Corp. Pennzoil-Quaker State Co. & Shell Oil Co. (Tex. App. 2015). “§ 1313 (a), (d); TEX. WATER CODE § 26.023; see also id. § 5.”

City of Austin Save Our Springs Legal Def. Fund Inc. & Al St. Louis v. Jerry J. Quick, Kaira G. Quick, John M. Bryant, Ruth E. Bryant, Joe Cox, Dolores Cox, Florence Turck & Circle C Land Corp. (Tex. App. 1996). “Tex. Water Code Ann. § 26.023 (West Supp.”

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