. .



### THEATTO~~~CNEY GENERAL OF?i?EXAS

Mr. Harvey Davis Opinion No.,

### C-436 Executive Director Texas State Soil Re: WhetherAttoyac Bayou Conservation Board Watershed Authority has Temple, Texas the legal authority to develop amultlplepurpose reservoir to include recreational use Dear Mr. Davis: as a purpose. In your letter requesting anopinion from this office, you submit certain facts which wesummarizeas follows: Under the provisions of Public Law

### 566,83rd Congress, knownas the Watershed Protection andFlood Prevention Act, a work plan for awatershed protection, flood prevention and recreational development for the Attoyac BayouWatershed has been developed by the Attoyac BayouWatershed Authority and by several other sponsors with the assistance of the United States Department of Agriculture. Prior to the development of the work plan, an application wasapproved as being feasible by the State Soil Conservation Board of Texas for this watershed. Included In the work plan is one multiple purpose reservoir proJect which will include amongIts purposes the impounding of public waters for both flood prevention andfor recreation. Attoyac BayouWatershed Authority proposes to share costs with the Federal Government In developing the recreational facilities in connection with this multiple purpose damand reservoir. Theoffice of the General Counsel of the United States Department of Agriculture has requested information relative to the powers of such state water district to participate in this recreational development. Yourequest the opinion of this office on the following questions: 1. Does the Attoyac BayouWatershed Authority have the legal authority to develop a multiple purpose structure which includes recreational use? 2. If the Attoyac BayouWatershed Authority does have legal authorlty to develop recreational facilities, is It legal for the authority to use funds received -2064-, .

Mr. Harvey Davis, page 2 (C-436)

from taxes to development? finance andmaintain a recreational

Section 59a, of Article XVI, Texas Constitution, provides:

“The conservation anddevelopment of all of the natural resources of this State, including the control, storing, preservation anddistribution of its 8 rivers andstreams, for irrigation, power andall other useful purposes, the reclamation andirrigation of its arid, semi-arid andother lands needing irrigation, the reclamation anddrainage of its overflowed lands, andother lands needing drainage, the conservation anddevelopment of its forests, water and hydro-electric power, the navigation of its inland andcoastal waters, and the preservation andconservation of all such natural resources of this State are each andall hereby declared public rights andduties; andthe Leglslature shall pass all such laws as maybe appropriate thereto

.‘I (Emphasis supplied) Theoverriding purpose andIntent of the Constitutional Amendmentis clear In providing amandate for the maximum development of all of the State’s natural resources for all recognized beneficial or conservational purposes. Thepublic policy is declared to encourage conservation, development, and utilization of water resources as well as all other natural resources to the greatest beneficial extent practicable. Subsection (b) of the above constitutional amendmentof 1917permits the Legislature to create conservation and reclamation districts essential to the accomplishment of the purposes of the amendment, these districts to be governmental agencies andbodies politic and corporate with such powers of government, andauthority to exercise such rights, privileges andfunctions concerning the subject matter of the amendment as might be conferred upon them. tihile a right to develop natural resources for recreational purposes is not specifically mentioned in Section 59a of Article XVIof the Texas Constitution, such right would undoubtedly be included in the language.

“The co -..- --nservatlon anddevelopment of all of the natural resources of this State, including the control, storing, preservation anddistribution of its storm andflood waters, the waters of its rivers andstreams for

. . T-5-z -2065-.

Mr. Harvey Davis, page 3 (C-436)

the conservation

hereby declared public righe andtheLegislature such laws as maybe appropriate thereto." (Emphasis supplied) It is pertinent to observe that no specific mention is madein the Constitutional Amendmentof the right to conserve anddevelop for oil andgas purposes anduses, yet this Amendmentwas liberally construed to include these also In Terre11

Parker v. SanJacinto Water Control &Imp. Dist., 1% Tex. 15,273S.W.2d 58b (1954) , liberally construed Sec. sga, Art. XVIof the Texas Constitution in holding that awater district is authorized to erect andoperate a sewer disposal plant, a power not expressly mentioned in the enumeration of purposes therein set out. Sewagedisposal wasthus held to bewithin the phrase in Sec. %a, Art. XVIof the Constitution, "all other useful purposes." This case is authority for giving the Constitution a construction in support of powers necessarily or fairly implied for the accomplishment of its declared objects andpurposes, while avoiding the technical rules of construction of ejusdem generis andexpresslo unius, which are employed only where the intent or purpose cannot be determined otherwise. It is generally recognized by the authorities that the term "conservation of public waters" Is used in the Conservation Amendmentandwater statutes meansthe development of water for beneficial uses andthat recreation is abeneficial use of water. EmpireWater andPowerCo. v. Cascade TownCo., 2O5Fl23 (CCA8th 1913) mod. In part, 205F 130; U. S. v. Ballard (1960), l&+FSu'p. 1, 12, note 4; 93CJSgr5--i7rs;" S-2, Waters, note 7 g; ponterey County Flood Control and Water Conservation Dist. v. Hughes 1b2 20Cal Rt 201 C.A. 2d 1%'; Wiel, Water Rights(iz t& Westeri Sk& 22 5 ' (3rd Ed.), Vol. 1, p. 166;2Kinney on Irrigation andWater Rights (2nd Ed.) p. 1200, Sec. 696. This philosophy is followed in Texas in Art. 7470,V.C.S. which provides that "the public waters of this szate maybe appropriated for anyof the following purposes: public parks,

. . . recreation andpleasure.

. . ." The'ligislature

-2066-. .

Mr. Harvey Davis, page 4 (C-436)

created avery complete system of laws “for the maximum judicious employment of the State waters In the public interest

. . . to conserve this natural resource in the greatest practicable measure for the public welfare;

. . . to take andutilize the waters of this State for uses recognized andauthorized

. . . (In order) to prevent the escape of waters without contribution to a beneficial public service.

. . .I’ Art. 7472c, V.C.S. It is settled that recreational uses or purposes are deemedsuch beneficial uses which usually pertain to public waters andmayproperly be deemedthe subject of a necessary implication in connection with the grant of authority over conservation anddevelopment of the natural resources of a state, State, ex rel. State GameCommission v. RedRiver vE$+%F 51N.M. 207, 182P.2d 421, 429 ( 94 )

; 6Tex.Law Rev. 524; Diversion LakelCl~b’vSi~~~th 126Tex. 129, 86S.vJ.2d 441, 4-J 7T ; ex. I&WRev. (F$6. At a time whenmillions of dollars are being spent toward the possible development of fresh water from sea water at a reasonable cost, andat a time whenthe State of Texas is desirous of attracting more industry andtourists, the public cannot afford the luxury of wasting water resources. Ouradvancing civilization is placing progressively greater burdens upon the existing supplies of water available for beneficial uses. Science tells us that the basic problem is not one of total supply, since that cannot be increased, but rather is one of controlling, distributing andutilizing our water supply efficiently. Demandsfor recreational use as well as for other uses of public water areas are expanding at phenomenal rates under the pressing stimulus of Increasing population. In addition, other stimuli such as widening mobility, rising standards of living, increased personal lncomeandthe growth in leisure time of awide segment of the public, create additional demandsfor recreational use of waters. Resource development through awatershed project of this nature could boost the economy of both the local area andthe State of Texas. Atoo strict construction of the Texas Constitution, so as to prevent the development of multipurpose reservoirs which include recreation as a beneficial use would have a serious, andtotally unnecessary, retarding effect onTexas economy. If possible, that construction shall be adopted which will promote the public interest in accord with sound economic

-2067-.

Mr. Harvey Davis, page 5 (C-436)

policy. State v. DeGress, 72Tex. 242, 11S.W. 1029 (1888). It is commonknowledge in this State that numerous water districts have erected damsandcreated reservoirs to store, control, preserve anddevelop the waters for recreational uses along with other uses, andnoquestion has been raised in our appellate courts of their constitutional authority to do so during the past forty-seven years since the Constitutional Amendmentwasadopted in this State. Arecreational lake is a reasonable form of conserving, developing, storing andpreserving public waters. Separate andaside from the benefits to the public to be derived from the use of recreational waters as such, the proposed structure will constitute a form of controlling flood waters, (the commonenemy), and is a form of preservation of public waters, for otherwise such waters would quickly waste into the gulf andbe lost to other andhigher statutory beneficial uses of water. Thus, in avery real sense, the proposed structure would aid in "the conservation anddevelopment of all of the natural resources of this State, including the control, storing, preservation, and distribution of its storm andflood waters, the waters of its rivers and streams.

. . .", for the phrase "all other useful purposes" follows the quoted language of Article XVI, Section 59, of the Texas Constitution. Whereageneral power is conferred, every particular power necessary for the exercise of sameis also conferred, whether expressly granted or not. Byits very nature, a constitution cannot "enter into aminute specification of all the minor powers naturally andobviously included in it and flowing from the great andimportant ones which are expressly granted." 1Cooley on Constitutional Limitations (8thEd. 1927) 138. In construing the Texas Constitution, it is necessary to keep in mindthat a liberal construction, particularly to remedial portions or amendment, Is to be indulged to carry out its purposes. 12Tex.Jur. 2d 364,Sec. 16,Constitutional Law; also Sec. 14,p. 363observing, "If necessary the language of the constitution is to be given abroad andliberal meaning in order to effectuate the purpose of the provision of which it is a part." BrownCountyWater Imp. Dist v. Austin Mill &Grain Co., '135 Tex. 140, 138S.W.2d 523 12940). In this State wherewater shortage has often been acute, it would be anunreasonable, impractical construction of the

-2068-.

hh-.Harvey Davis, page 6 (c-436)

Constitution, contrary to its purposes andpublic policy mandate, to confine andrestrict its language to narrow water development programs. There can be nodoubt that the power to erect a damand create a reservoir for water conservation purposes Includes by fair andnecessary impllcatlon the recreational purposes anduses. These are beneficial or conservation uses and, are given legislative recognition as such In the statutes of this State. Your first question Is whether the statute creating Attoyac BayouWatershed Authority (Article 8280-220,V.C.S.), enacted expressly pursuant to Sec. 59of Article XVIof the Texas Constitution (as expressed in the caption of the Act, as well as in Section 1 of the Act), gives Attoyac Bayou Watershed Authority the right andpower to develop a multipurpose project which includes recreational uses. Suchawater district possesses not only such powers as are expressly granted by statute but ':also those necessarily or fairly implied, or incident to the powers expressly granted, or essential to the accomplishment of the declared objects and urposes of the water district." 94C.J.S. 71,Sec. 243 (57, Waters and cases there cited; Harris Co., v. of Houston, W2d 789 (Civ.App., lgb2, error ref. n.r.e.). See

. . also Parker v.'San Jacinto Water Control and Imp. Dist., 154 Tex. 15, 273S.!~?.2d58b (1954)

. In LowerNueces River Water Supply District v. Cartwright, 274 S.W.Zd 199 07 (Ci " 1954) the'SanAntonio C t of Civil Appeals: &eak&*%ugh Justice Norvell, helz",&at,

11

. in determining the corporate powers of suet; iistricts, it is necessary to examine in somedetail the legislative act and the constitutional basis uponwhich it rests. Water control and Improvement districts and river authorities are creatures of 'statutes, and, although insofar as the general scope of government OperatiOni are concerned, they could be classified as 'low down in the scale or grade of corporate existence,* yet within their proper sphere or operation they maybe powerful lnstrumenta%ies exercising broa an ;y.
. ." ~Emphasis added)

-206%Xr. Harvey Davis, page 7 (c-436)

In holding that the LowerNueces River Water Supply District (created by Art. 8280-134)hadthe power to construct a damand reservoir for the permissible uses authorized by the water control andimprovement district, referred to andadopted by the creating Act, andto condemnlands within or without the district, even though such power might conflict with the authority andjurlsdictlon conferred upon someother agency or district, the San Antonio Court of Civil Appeals found said authority In that section of the Act which adopted the governing powers and autilority applicable to water control and improvement districts. Like Art. 8280-220creating the Attoyac Bayou Authority, Art. 8280-134 creating LowerNueces River Water Supply District reads virtually identical to that Act in this respect, and the Court's analysis andconstruction will be hereinafter quoted because peculiarly pertinent andapplicable to the sameconstruction which mustbe given to Art. 8280-220,wherein in its Section 13it likewise !'adopted by reference as though set out at length herein" all of "the general laws pertaining to water control and imorovement districts". In Sec. 1 of that Article. the Attoyac Authority wasgiven "the power to exerclse*the rights, privileges andfunctions hereinafter specified and the creation of this Authority is hereby declared to be essential to the accomplishment of the purposes set forth in Article XVI, Sec. 59, of the Constitution of Texas." Section 3commandsthe Attoyac Authority to conduct surveys and develop a plan for control anduse of its waters "to the end that improvements" will be madeand related to the entire watershed. Section 4vests the authority "with the power to control, store, preserve and distribute the water andfloodwaters.

. . for conservation, preservation, reclamation, and drainage of the lands within the authority, and is empoweredto carry out flood prevention measures.
. . to provide the facilities authorized to be constructed under the provisions of this Act."
Section 5reads: "In exercising the power for which the authority is created, it shall have all of the authority conferred bygeneral lawuponwater control andimprovement districts, including but not limited to, the power to construct, acquire, improve, maintain and repair damsor other structures and the acquisition of land, easements, properties, or equipment which maybe needed to utilize, control, and distribute anywaters that maybe Impounded, diverted, or controlled by the authority."

-2070-.

klr. Harvey Davis, page 8 (c-436)

Itmust be here observed that the subsequent Section 13of the Act further adopts by reference all of the general laws pertaining to water control andimprovement districts "except as modified or supplemented by the provisions of this Act." Section 13must necessarily be construed in harmonywith the powers conferred by Sections 1, 2, 3,4, 5, and 5A, which are not obviously intended to be exclusive. These are not In anywayInconsistent therewith but are expressly said to be in Section 13 "supplemented by the provisions of this Act." These powers In the Section 13 provision are cumulative to the other powers set forth in Art. 8280-220,andany conflict which could reasonably exist would have to be found bywayof express limitation within the terms of the Statute under the well settled canons of construction applicable thereto. Thepowers enumerated In Section 4 of the Act are thus not expressly or by necessary implication exclusive but the powers in Sections 1, 2, 3, 5, 5Rand 13are cumulative or "supplementary." Thepowers in Section 4 are as general andbroad as can be conceivably made“to control, store, preserve and distribute the water.

. . for conservation, preservation, reclamation, and drainage.

. . ." These powers donot even purport to set out what specific andlegally recognized uses or purposes of the water are contemplated; that is, irrigation, mining, milling, manufacturing, power, stock-raising, townwater works, public parks, game preserves, recreational, domestic, etc., as statutorily recognized in the general laws, Arts. 7470, 7471, 7880-4a, etc. It thus appears that the legislature wasnot attempting to specify in the statute any specific purpose or use or limit the powers conferred to any specific purposes or uses. Article 8280-220,involving agrant of authority for public advantages andpurposes , pursuantto the mandate andpublic policy declared by the remedial Constltutional Pmendment,Sec. 59, Art. 16of the Texas Constitution, must be construed liberally and reasonably, disregarding technical distinctions, andgiving the Act the most comprehensive application of which it Is susceptible to effectuate the legislative objects, purpose and intent. Imerial Irr. Co, ~~r~~~o~~4s~~~230~~~s~~~u~~~~ 575, 581hi 53Tex.
Theproper construction of the powers of the Attoyac BayouWatershed Authority is that adopted in LowerNueces River Water Supply Dist. v. Cartwright, supra, where a similar incorporation of other statutes by reference was

-2071-Mr. Harvey Davis, page 9 (C-436)

before the courts. Sections 2, 5&9, of Art. 8280-134, V.C.S. incorporated by reference the general laws Pertaining to water control improvement districts created under Authority of Section 59, Art. XVIof the Constitution andthe court held as follows:

"The general laws of the State applicable to water control and improvement districts and referred to in Section 2of the 199 Acts above quoted, are designated as Articles 7880-lto 7880-153,inclusive, of Vernon's Ann. Tex, Stats. Thebasic Act waspassed by the 39th Legislature, Acts. 1925, p. 86,ch. 25, andnumerous amendments thereto have been adopted. "Amongthe purposes for which such dlstricts maybe organized is that specifically stated in Subdivision (a) of Section 59of Article 16,Constitution of TexBs, namely 'the control, storing, preservation anddistribution of its (the State's) storm andflood waters, the waters of its rivers and streams. for ir@inatlon. power andall other useful purposes, i - Article 7880-3. To these districts a;e'd&egated 'such functions, powers, authority, rights and duties as maypermit the accomplishments of the purposes for which such districts maybe created, including the investigation, andIn case a plan for improvements is adopted, then, the construction, maintenance, and operation of all necessary improvement, plants, works andfacilities, the acquisition of water rights andall other properties, lands, tenements, easements, andall other rights helpful to the purpose of the organization of the district, subject only to the restrictions imposed by the Constitution of the State of Texas or that of the United States:

. . .I Article 7880-7. "Awater control and improvement district is further empowered Ito construct all plants, works and improvements necessary to the purpose for which it is organized and incident thereto.

. . (They) mayconstruct all works and improvements necessary for the prevention of the floods, the irrigation of land In such districts, for drainage of lands and construction of levees to protect samefrom overflow, to alter land elevations where correction is needed, andto supply water for municipal uses, domestic uses, -2072-Mr. Harvey Davis, page 10 (C-436)

power andcommercial purposes, andall other beneficial uses or controls.' Article -48. "It is further provided that, 'the dlrectars, employees andengineers of a district shall have authority to goupon any lands for the purpose of makingsurveys for reservoirs, canals, rights of way, damsor other contemplated Improvements andto attend to anybusiness of the district whether such lands are situated in the district or outside of such district.' Article 7880-49. "Articles 7880-125 and 7880-126 relate to the property of awater control and lmprovementdistrict andits powers of eminent domain. Amongother means, such districts are authorized to acquire under the power of eminent domain, 'all lands, materials, borrow andwaste grounds, easements, rights of wayandeverything deemed necessary, incident or helpful for the purpose of accomplishing any one or more of the objects authorized for water control and improvement districts, which shall be held to meanthe accomplishment of said objects by any practicable mechanical means:
. . .I Adetailed procedure Is likewise provided for the taking of lands (either within or without the District,' under the power of eminent domain." added) (Emphasis

In addition to the above statutes referred to by the court, Art. 7880-&a, is a statute which wasalso pertinently adopted by Sec. 13 of Art. 8280-220, andauthorizes our water district to award the use of waters for the following uses: domestic andmunicipal use, industrial use
. . .; irrigation; development of hydro-electric power; pleasure and recreation. It is well settled that recreation as ause in Art. 7880&a, V.C.S. mustbe read into Art. 8280-220 andgiven effect, either as a statute adopted 'byreference (53 Tex.Jur. 2d 278, Sec. 185, Statutes), andmanycases cited or as "in pari materia". 53 Tex.Jur. 280, Sec. 186, Statutes, and manycases cited. Likewise, the constitutional provisions andpowers (such as Sec.~59, Art. XVI) mustbe Interpreted and read into a statute (such as Art. 8280-220), in the light of the

-2073-Mr. Harvey Davis, page 11 (c-436)

constitutional purposes, "both express and implied." Clark v. Briscoe Irrigation Co., 200 S.W.28 674, (Civ. App. 1947) Brazes River Conservation &Reclamation Dlst. v. Cismo, 135Tex. 307m W28 577

. . (19 0). In Corzelius v. Railroad Commission, 182S.W.2d 412, 415 (Civ.App. 1944) the applicable rule of construction of fair implications from the conservation laws of this state was clearly andforcefully stated as follows: "It is equally well settled, however,

that whena statute imposes a mandatory duty upon a governmental agency to carry out the express andspecifically defined purposes and objectives stated in the law, such statute carries with it by necessary implication the authority to dowhatever is reasonably necessary to effectuate the legislative mandateandpurpose. 39Tex.Jur. Sea. 99, p. 186; 50 Am.Jur. Sec. 428, p. 449." Art. 8280-220 mustbe so construed in the above light as granting to the Attoyac BayouWatershed Authority the power to develop amulti-purpose structure which includes recreational uses recognized as being included within the purposes or needs of "conservation, preservation, reclamation, and drainage," the statutory purposes or uses expressly adopted by reference as a part of the general laws pertaining to water control and improvement districts, and the constitutional purposes or uses in Sec. 5ga of Art. 16 which comprehend "all

. . . useful purposes." Section 

### a of Art. 

### 8280-220, V.C.S. of Texas, grants the express power "to cooperate with anyagency, representative or instrumentality or department of the Federal government

. . . for the purpose of acquiring the funds necessary to furnish land easements or permanent improvements thereon.

. . .' This provision gives the Attoyac Authority the power to acquire funds from or share costs ?ith the Federal government for the construction of a multi-purpose dam, to include recreational or other statutory recognized conservation purposes, as expressly authorized by Public Law566, 83rd Congress, as amended. In projects involving recreational purposes, Public Law566 authorizes the Secretary of Agriculture to finance not to exceed one-half of the cost of land, easements, or

-2074-Mr. Harvey Davis, page 12 (C-436)

rights of wayandminimumbasic facilities needed for public health and safety, access to, anduse of such reservoir or the area for such purposes whenever the need therefor is demonstrated. However, the local district apparently is required to acquire or condemnthe land necessary for such projects. Sections 5 and 5Aof hrt. 8280-220 andkt. 7880-126 confers upon the authority the powers of eminent domain and relocation in carrying out any of the powers granted the Authority. Thepower of eminent domain depends upon the express language of the statutory authority. Having concluded that beneficial anduseful purposes of flood control andwater conservation include recreational uses, webelieve that land to be inundated by such awater conservation project is within the purview of "property

. . . needed for, or Incident to, or helpful for, accomplishing the object of the District, and to effect the economical operation thereof

. . . ." Art. 7880-126; See Monterey
on, 178s.W.2d (Civ.App. 1944, error ref., Eminent Domain, Sec. 64(X). w.o.m.); 29-A C.J.S. 311,

Asto lands lying above the contour line of the water level of the reservoir, the power to condemnis strictly construed andlimited to the amountof property reasonably necessary andconvenient for the "public use" authorized, as distinguished from "private" uses for individuals, and as illustrated in the above cited authorities. Public access, safety, protection or purity of water andsanitation would appear to be valid considerations in view of the authority's power, expressed, for example, in Art. 7880-T. Thefinal question presented is whether the Attoyac BayouAuthority mayuse funds received from taxes to finance andmaintain the recreational development. Bythe express terms of Section 59c, Art. XVIof the Texas Constitution,

. . . which mustbe read into Art. 8280-220 in the light of the constitutionally expressed purposes, uses and objectives, as heretofore shown, it Is provided that, "the Legislature shall authorize all such Indebtedness as maybe necessary to provide all improvements andthe maintenance thereof requisite to the achievement of the purposes of this Amendment,andall such

-2075-. .

Mr. Harvey Davis, page 13 (c-436)

Indebtedness maybe evidencodby bonds of such conservation and reclamation districts, to be issued under such regulbtionn as maybe prescribed by larrandshall also authorize the levy andcollection within such districts of all taxes, equitably distributed, as maybe necessary for the payment of the interest and the creation of a sinking fund for the payment of such bonds

. . . .I' Pursuant to the above, the Legislature provided by .',rt. 8280-220, Sec. 5, that the .jttoyac BayouAuthority is vested with all of the authority conferred by general l:iwuponwater control and improvement districts, including We acquisition of land, easements, properties, or equipmentwhich maybe needed to utilize, control anddistribute anywater that maybe impounded, diverted or controlled b;>.the :,uthority. Section 8 of the statute provides that the ;.uthority maylevy amaintenance tax, If approved by vote.of qualified voters within the authority, for the purpose of maintaining~:gorks of improvements constructed in cooperation with the Federal government. Section 12 provides that "all bonds issued by the authority

. . . shall be issued in the samemannerandwith the same consideration andprovision asunder the general lavigoverning wster control andimprovement districts." See Art. 7880-g andother related articles for bond powers. Since the generl;l lawgoverning water control improvement districts contains all items required by the levying of avalid tax to support bonds issued for authorized construction projects, there is no roomfor doubt that Attoyac &you Authority would be authorized to levy the necessary taxes to support its share of the said multi-purpose project to the samefull extent as any of the other water control improvement districts in this state. It appears that the Texas Soil Commission is authorized only to "approve or disapprove of projects designed to effectuate watershed protection andflood prevention programs

. . . .'I Sec. 6, .\rt. 74'j'2e, V.C.S. Since the proposed project goes beyond such purposes, approval of the Texas ?;r;ter Commission 13 required; anda permit mustbe obtained before commencing the project. Art. 7492, V.C.S. of Texas.

-2076-Mr. Harvey Davis, page 14 (C-436)

SUMMARY em-----
Thefittoyac ayou Watershed Authority, expressly created pursuant to Sec. 59, Art. XVIof the Texas Constitution, andby Art. 8280-220, V.C.S., has the legal authority to develop amulti-purpose reservoir which includes recreational use a8a purpose andmayuse funds received from taxes to finance andmaintain the same. Very truly yours, WAGGONER

CARR iittorney General of Texas

By: Assistant KBT:rm APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman J. S. Bracewell Robert Owen Frank Booth Larry Craddock APPROVED

FORTHE;\TTORNEY

GENERAL By: Stanton Stone

-2077-