Texas Codes

Tex. Water Code § 26.0282 (2026)

Consideration Of Need And Regional Treatment Options

✓ current as of May 2026
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Sec. 26.0282. CONSIDERATION OF NEED AND REGIONAL TREATMENT OPTIONS. In considering the issuance, amendment, or renewal of a permit to discharge waste, the commission may deny or alter the terms and conditions of the proposed permit, amendment, or renewal based on consideration of need, including the expected volume and quality of the influent and the availability of existing or proposed areawide or regional waste collection, treatment, and disposal systems not designated as such by commission order pursuant to provisions of this subchapter. This section is expressly directed to the control and treatment of conventional pollutants normally found in domestic wastewater.

Added by Acts 1989, 71st Leg., ch. 757, Sec. 1, eff. Sept. 1, 1989.

Notes of Decisions
Cited in 9 cases (7 in the last 5 years), 2007–2025 · leading case: Zboyan v. Far Hills Util. Dist., 221 S.W.3d 924 (Tex. App. 2007).
Zboyan v. Far Hills Util. Dist., 221 S.W.3d 924 (Tex. App. 2007). · cites it 2× “See Tex. Water Code Ann. § 26.0282 (Vernon 2000).”
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 5× “See Tex. Water Code § 26.0282. A municipal decision of whether to require annexation and land use changes as a condition of agreeing to serve the planned development is not—and should not be construed as—a condition-precedent to waste water permitting.”
Roy W. Zboyan v. Far Hills Util. Dist. (Tex. App. 2007). “See Tex. Water Code Ann. § 26.0282 (Vernon 2000).”
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