In Planet Plows, Inc. v. Evans, 600 S.W.2d 874 (Tex. App.--Amarillo 1980, no writ), Evans brought an action for damages to her home, alleging that Planet Plows violated Section 11.086 of the Texas Water Code by diverting the natural flow of surface waters onto, and impounding the waters on, her property. Actual and punitive damages were awarded. On appeal, Planet Plows argued that punitive damages were not recoverable on a mere violation of a statute. To the contrary, the court held that, if there is evidence of an intentional violation of Section 11.086, the defendant may be required to respond in exemplary damages. Id. at 877.