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TEIIEATTOECNRY GENERAL

o>F TEXAS

December 13, 1966

Honorable Burton Burks, Sr. County Attorney Hood County Granbury, Texas OpinionNo. C-790

Re: Whether the counties locatedwithin the Kickapoo Watershed have the authority to pay for themaintenance cost of dams erected in the watershed under the particular Dear Mr. Burks: facts stated.

You have requested the opinion of this office regarding the matter stated above. In this connection,a portion of your letter of request is quoted herewith:

"TheKickapooWatershed Project involves portions of Erath, Hood, Palo Pinto and Parker Counties. It has been approvedby the Texas Soil ConservationBoard. Further progress is being delayed because the CommissionersCourt of Parker County is unwilling to underwrite any maintenance expense of the dams in that county. The other counties are willing to do this insofar as their respective counties are concerned, and also to share in the Parker Countym$lntenance costs, if this can be done legally.

In the considerationof your request, it is necessary that we set forthArticle llOqk,Vernon's Civil Statutes, in pertinent part:

'Section 1. All counties, cities,water control and improvementdistricts,drainage districts and other political subdivisions in the State of Texas are authorized to enter into contractswith soil conservationdistricts Par the joint acquisition of right-of-ways or joint

-3792-Hon. Burton Burks, Sr., page 2 (C-790) . .

constructionor maintenance of dams, flood detention structures,canals,drains, levees and other improvementsfor flood control and drainage as related to flood control, and for making the necessary outlets andmaintaining them; and providing further that such contracts and agreements shall contain such terms, provisions and details as the governingbodies of the respectivepolitical subdivisionsdetermine to be necessaryunder all facts and circumstances.

'Sec. 2. All counties, cities,water control and improvementdistricts, drainage districts and otherpolitical subdivisions in the State of Texasmay contribute funds to soil conservation districts for constructionormaintenance of canals, dams, flood detention structures,drains, levees and other improvementsfor flood control and drainage as related to flood control and for making the necessary outlets and maintaining them regardless of whether the title to suchproperties Is vested in the State of Texas, or a soil conservationdistrict, so long as the work to be accomplished is for themutual benefit of the donor and the agency or political subdivision having title to such pr;perty on which the improvements are located.

This office has previouslyruled~in Attorney General's Opinion c-26 (1963), that the expenditure of county permanent improvement funds, as authorizedby Article 1109k,Vernon's Civil Statutes, is constitutional. Further, there is no constitutional prohibition against the payment of expenses incidentalto the constructionandmaintenance of permanent improvements out of the county permanent improvementfund. Article llOqk,Vernon's Civil Statutes, does not require the participation of any county
or other specifiedpolitical subdivision,nor does it require that those acting pursuant to this Article contribute in any particularproportion or amount. The statutemerely permits all counties and other political subdivisionsto contract for participation in the operation of a district,with the financial contribution of each countybeing a matter of contractby the commissioners court and the officers of the district. The purpose of county participation is to obtain for the residents of the county the benefits affordedby the operationsof the district. The precise amount of contributionthat ismade by an individual county is a matter within the sound discretion of the commissioners court of the particular county. For this reason, it is the opinion of this office that the unwillingness of Parker County to underwrite -3793-Hon. Burton Burks, Sr., page 3 (C-790)

anymaintenance expense for the structures in questionhas no bearing upon the legal capacity of the remaining counties to contribute to the district for constructionor maintenance of flood control and drainage as related to flood control.

The amount contributed to a soil conservation district Vernon's by a county pursuant to Article 1109k,

Civil Statutes, for flood control and
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SUMMARY

arainage as relateo to flood control is a matter within the sound discretion of the commissioners court of the contributing county, Such contribution is not dependentupon the extent of the participation of other counties.

Very truly yours,

WAGGONER CARR Attorney General 

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Assistant'
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APPROVED: OPINION COMMITTEE

W. 0. Shultz, Chairman John Reeves Pat Bailey Paul Phy John Fainter

APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright

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