. . 

THEATTO~~~CNEY GENERAL 

OF?i?EXAS 

Mr. Harvey Davis Opinion No., C-436 

Executive Director 

Texas State Soil Re: Whether Attoyac Bayou 

Conservation Board Watershed Authority has 

Temple, Texas the legal authority to 

develop a multlplepurpose reservoir to 

include recreational use 

Dear Mr. Davis: as a purpose. 

In your letter requesting an opinion from this office, 

you submit certain facts which we summarize as follows: 

Under the provisions of Public Law 566, 83rd Congress, 

known as the Watershed Protection and Flood Prevention Act, a 

work plan for a watershed protection, flood prevention and 

recreational development for the Attoyac Bayou Watershed has 

been developed by the Attoyac Bayou Watershed 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 was approved 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 among Its purposes the 

impounding of public waters for both flood prevention and for 

recreation. Attoyac Bayou Watershed Authority proposes to 

share costs with the Federal Government In developing the 

recreational facilities in connection with this multiple purpose dam and reservoir. The office 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. 

You request the opinion of this office on the following 

questions: 

1. Does the Attoyac Bayou Watershed Authority have the 

legal authority to develop a multiple purpose 

structure which includes recreational use? 

2. If the Attoyac Bayou Watershed 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 and maintain a recreational 

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

“The conservation and development of all of 

the natural resources of this State, including the 

control, storing, preservation and distribution of 

its 8 

rivers and streams, for irrigation, power and all 

other useful purposes, the reclamation and irrigation 

of its arid, semi-arid and other lands needing 

irrigation, the reclamation and drainage of its 

overflowed lands, and other lands needing drainage, 

the conservation and development of its forests, 

water and hydro-electric power, the navigation of 

its inland and coastal waters, and the preservation and conservation of all such natural resources of this State are each and all hereby 

declared public rights and duties; and the Leglslature shall pass all such laws as may be appropriate thereto .‘I (Emphasis supplied) 

The overriding purpose and Intent of the Constitutional 

Amendment is clear In providing a mandate for the maximum 

development of all of the State’s natural resources for all 

recognized beneficial or conservational purposes. The public 

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 amendment of 

1917 permits the Legislature to create conservation and reclamation districts essential to the accomplishment of the purposes of the amendment, these districts to be governmental 

agencies and bodies politic and corporate with such powers of 

government, and authority to exercise such rights, privileges 

and functions 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 XVI of the Texas Constitution, such right would undoubtedly be included in the language. 

“The -..- co --nservatlon and development of all 

of the natural resources of this State, including the control, storing, preservation and distribution of its storm and flood waters, the 

waters of its rivers and streams for . . T-5-z 

-2065- 
. 

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

the conservation 

hereby declared public righe 

and the Legislature such laws 

as may be appropriate thereto." (Emphasis 

supplied) 

It is pertinent to observe that no specific mention is 

made in the Constitutional Amendment of the right to conserve 

and develop for oil and gas purposes and uses, yet this Amendment was liberally construed to include these also In Terre11 

Parker v. San Jacinto Water Control & Imp. Dist., 1% Tex. 

15, 273 S.W.2d 58b (1954) , liberally construed Sec. sga, Art. 

XVI of the Texas Constitution in holding that a water district 

is authorized to erect and operate a sewer disposal plant, a 

power not expressly mentioned in the enumeration of purposes 

therein set out. Sewage disposal was thus held to be within 

the phrase in Sec. %a, Art. XVI of 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 and purposes, while avoiding the technical rules of 

construction of ejusdem generis and expresslo 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 Amendment and water statutes means the development of 

water for beneficial uses and that recreation is a beneficial 

use of water. Empire Water and Power Co. v. Cascade Town Co., 

2O5Fl23 (CCA 8th 1913) mod. In part, 205 F 130; U. S. v. 

Ballard (1960), l&+ F Su'p. 1, 12, note 4; 93 CJS gr5--i7rs;" 

S-2, Waters, note 7 g ; p onterey County Flood Control and 

Water Conservation Dist. v. Hughes 1 b2 20 Cal R t 

201 C.A. 2d 1%'; Wiel, Water Rights(iz t& Westeri Sk& 

22 

5 ' 

(3rd Ed.), Vol. 1, p. 166; 2 Kinney on Irrigation and Water 

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 may be 

appropriated for any of the following purposes: public 

parks, . . . recreation and pleasure. . . ." The'ligislature 

-2066- 
. . 

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

created a very 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 and utilize the waters of this State for uses recognized and authorized . . . (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 

deemed such beneficial uses which usually pertain to public 

waters and may properly be deemed the subject of a necessary 

implication in connection with the grant of authority over 

conservation and development of the natural resources of a 

state, State, ex rel. State Game Commission v. Red River 

vE$+%F 

51 N.M. 207, 182 P.2d 421, 429 ( 94 ) 

; 6 Tex.Law Rev. 524; Diversion LakelCl~b’vSi~~~th 

126 Tex. 129, 86 S.vJ.2d 441, 4-J 7 T ; ex. I&W Rev. (F$6. 

At a time when millions of dollars are being spent 

toward the possible development of fresh water from sea 

water at a reasonable cost, and at a time when the State 

of Texas is desirous of attracting more industry and tourists, 

the public cannot afford the luxury of wasting water resources. 

Our advancing 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 and utilizing 

our water supply efficiently. Demands for 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 lncome and the growth in leisure time of a wide segment of the 

public, create additional demands for recreational use of 

waters. Resource development through a watershed project of 

this nature could boost the economy of both the local area 

and the State of Texas. A too 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, and totally unnecessary, retarding 

effect on Texas 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, 72 Tex. 242, 11 S.W. 1029 (1888). 

It is common knowledge in this State that numerous 

water districts have erected dams and created reservoirs 

to store, control, preserve and develop the waters for 

recreational uses along with other uses, and no question 

has been raised in our appellate courts of their constitutional authority to do so during the past forty-seven years 

since the Constitutional Amendment was adopted in this State. 

A recreational lake is a reasonable form of conserving, 

developing, storing and preserving public waters. 

Separate and aside 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 common enemy), and is a form of preservation of public waters, for otherwise such waters would 

quickly waste into the gulf and be lost to other and higher 

statutory beneficial uses of water. Thus, in a very real 

sense, the proposed structure would aid in "the conservation 

and development of all of the natural resources of this State, 

including the control, storing, preservation, and distribution 

of its storm and flood 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. 

Where a general power is conferred, every particular 

power necessary for the exercise of same is also conferred, 

whether expressly granted or not. By its very nature, a 

constitution cannot "enter into a minute specification of all 

the minor powers naturally and obviously included in it and 

flowing from the great and important ones which are expressly 

granted." 1 Cooley on Constitutional Limitations (8th Ed. 

1927) 138. 

In construing the Texas Constitution, it is necessary to 

keep in mind that a liberal construction, particularly to 

remedial portions or amendment, Is to be indulged to carry 

out its purposes. 12 Tex.Jur. 2d 364, Sec. 16, Constitutional 

Law; also Sec. 14, p. 363 observing, "If necessary the language of the constitution is to be given a broad and liberal 

meaning in order to effectuate the purpose of the provision 

of which it is a part." Brown County Water Imp. Dist v. 

Austin Mill & Grain Co., '135 Tex. 140, 138 S.W.2d 523 12940). 

In this State where water shortage has often been acute, 

it would be an unreasonable, impractical construction of the 

-2068- 
. 

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

Constitution, contrary to its purposes and public policy 

mandate, to confine and restrict its language to narrow 

water development programs. There can be no doubt that 

the power to erect a dam and create a reservoir for water 

conservation purposes Includes by fair and necessary 

impllcatlon the recreational purposes and uses. 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 Bayou Watershed Authority (Article 8280-220, V.C.S.), 

enacted expressly pursuant to Sec. 59 of Article XVI of 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 and power to develop a multipurpose project which includes recreational uses. 

Such a water 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." 

94 C.J.S. 71, Sec. 243 (57, Waters and cases there cited; 

Harris Co., v. 

of Houston, 

. W .2d 789 (Civ.App., lgb2, error ref. n.r.e.). See 

also Parker v.'San Jacinto Water Control and Imp. Dist., 154 

Tex. 15, 273 S.!~?.2d 58b (1954) . 

In Lower Nueces River Water Supply District v. Cartwright, 

274 S.W.Zd 199 07 (Ci " 1954) the 'San Antonio 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 

some detail the legislative act and the constitutional basis upon which 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 

may be powerful lnstrumenta%ies exercising 

broa ;y. an . ." 

~Emphasis added) 

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

In holding that the Lower Nueces River Water Supply 

District (created by Art. 8280-134) had the power to construct a dam and reservoir for the permissible uses 

authorized by the water control and improvement district, 

referred to and adopted by the creating Act, and to condemn lands within or without the district, even though 

such power might conflict with the authority and jurlsdictlon conferred upon some other 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. 8280-220 creating the Attoyac Bayou 

Authority, Art. 8280-134 creating Lower Nueces River Water 

Supply District reads virtually identical to that Act in 

this respect, and the Court's analysis and construction 

will be hereinafter quoted because peculiarly pertinent 

and applicable to the same construction which must be given 

to Art. 8280-220, wherein in its Section 13 it 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 was given "the power to exerclse*the 

rights, privileges and functions 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 3 commands the Attoyac Authority to conduct surveys and develop a plan for control and use of its waters 

"to the end that improvements" will be made and related to 

the entire watershed. Section 4 vests the authority "with 

the power to control, store, preserve and distribute the 

water and floodwaters. . . for conservation, preservation, 

reclamation, and drainage of the lands within the authority, 

and is empowered to carry out flood prevention measures. . . 

to provide the facilities authorized to be constructed under 

the provisions of this Act." 

Section 5 reads: "In exercising the power for which 

the authority is created, it shall have all of the authority 

conferred by general law upon water control and improvement 

districts, including but not limited to, the power to construct, acquire, improve, maintain and repair dams or other 

structures and the acquisition of land, easements, properties, 

or equipment which may be needed to utilize, control, and 

distribute any waters that may be Impounded, diverted, or 

controlled by the authority." 

-2070- 
. 

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

Itmust be here observed that the subsequent Section 

13 of the Act further adopts by reference all of the general 

laws pertaining to water control and improvement districts 

"except as modified or supplemented by the provisions of 

this Act." Section 13 must necessarily be construed in harmony with the powers conferred by Sections 1, 2, 3, 4, 5, 

and 5A, which are not obviously intended to be exclusive. 

These are not In anyway Inconsistent 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, and any conflict which could reasonably exist 

would have to be found by way of express limitation within 

the terms of the Statute under the well settled canons of 

construction applicable thereto. The powers 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, 5R and 13 are cumulative or "supplementary." The powers 

in Section 4 are as general and broad as can be conceivably 

made “to control, store, preserve and distribute the water. . . 

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

These powers do not even purport to set out what specific 

and legally recognized uses or purposes of the water are contemplated; that is, irrigation, mining, milling, manufacturing, 

power, stock-raising, town water 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 was not 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 a grant of authority for 

public advantages and purposes , pursuantto the mandate 

and public policy declared by the remedial Constltutional 

Pmendment, Sec. 59, Art. 16 of the Texas Constitution, must 

be construed liberally and reasonably, disregarding technical 

distinctions, and giving the Act the most comprehensive 

application of which it Is susceptible to effectuate the 

legislative objects, purpose and intent. Im erial Irr. Co, 

~~r~~~o~~4s~~~230~~~s~~~u~~~~ 575, 581 hi 53 Tex. 

The proper construction of the powers of the Attoyac 

Bayou Watershed Authority is that adopted in Lower Nueces 

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. XVI of the Constitution and the court held as follows: 

"The general laws of the State applicable 

to water control and improvement districts and 

referred to in Section 2 of the 199 Acts above 

quoted, are designated as Articles 7880-l to 

7880-153, inclusive, of Vernon's Ann. Tex, Stats. 

The basic Act was passed by the 39th Legislature, 

Acts. 1925, p. 86, ch. 25, and numerous amendments thereto have been adopted. 

"Among the purposes for which such dlstricts may be organized is that specifically 

stated in Subdivision (a) of Section 59 of 

Article 16, Constitution of TexBs, namely 'the 

control, storing, preservation and distribution 

of its (the State's) storm and flood waters, the 

waters of its rivers and streams. for ir@inatlon. 

power and all other useful purposes, i - 

Article 7880-3. To these districts a;e'd&egated 

'such functions, powers, authority, rights and 

duties as may permit the accomplishments of the 

purposes for which such districts may be created, 

including the investigation, and In case a plan 

for improvements is adopted, then, the construction, maintenance, and operation of all 

necessary improvement, plants, works and facilities, the acquisition of water rights and all 

other properties, lands, tenements, easements, 

and all 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. 

"A water 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) may construct 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 same from overflow, to alter land 

elevations where correction is needed, and to 

supply water for municipal uses, domestic uses, 

-2072- 
Mr. Harvey Davis, page 10 (C-436) 

power and commercial purposes, and all other 

beneficial uses or controls.' Article -48. 

"It is further provided that, 'the dlrectars, employees and engineers of a district 

shall have authority to go upon any lands for 

the purpose of making surveys for reservoirs, 

canals, rights of way, dams or other contemplated Improvements and to attend to any business 

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 a water control and lmprovement district and its powers of eminent domain. 

Among other means, such districts are authorized 

to acquire under the power of eminent domain, 

'all lands, materials, borrow and waste grounds, 

easements, rights of way and everything 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 mean the 

accomplishment of said objects by any practicable mechanical means: . . .I A detailed 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 was also pertinently 

adopted by Sec. 13 of Art. 8280-220, and authorizes our water 

district to award the use of waters for the following uses: 

domestic and municipal use, industrial use . . .; irrigation; 

development of hydro-electric power; pleasure and recreation. 

It is well settled that recreation as a use in Art. 

7880&a, V.C.S. must be read into Art. 8280-220 and given 

effect, either as a statute adopted 'by reference (53 Tex.Jur. 

2d 278, Sec. 185, Statutes), and many cases cited or as "in 

pari materia". 53 Tex.Jur. 280, Sec. 186, Statutes, and 

many cases cited. 

Likewise, the constitutional provisions and powers 

(such as Sec.~59, Art. XVI) must be 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, 135 Tex. 307m . W .28 577 (19 0). 

In Corzelius v. Railroad Commission, 182 S.W.2d 

412, 415 (Civ.App. 1944) the applicable rule of construction of fair implications from the conservation 

laws of this state was clearly and forcefully stated as 

follows: 

"It is equally well settled, however, 

that when a statute imposes a mandatory duty 

upon a governmental agency to carry out the 

express and specifically defined purposes and 

objectives stated in the law, such statute 

carries with it by necessary implication the 

authority to do whatever is reasonably 

necessary to effectuate the legislative 

mandate and purpose. 39 Tex.Jur. Sea. 99, 

p. 186; 50 Am.Jur. Sec. 428, p. 449." 

Art. 8280-220 must be so construed in the above light 

as granting to the Attoyac Bayou Watershed Authority the 

power to develop a multi-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 any agency, 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 Law 566, 83rd Congress, as amended. 

In projects involving recreational purposes, Public 

Law 566 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 way and minimum basic facilities needed for 

public health and safety, access to, and use 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 condemn the land 

necessary for such projects. 

Sections 5 and 5A of hrt. 8280-220 and kt. 7880-126 

confers upon the authority the powers of eminent domain 

and relocation in carrying out any of the powers granted 

the Authority. 

The power of eminent domain depends upon the express 

language of the statutory authority. 

Having concluded that beneficial and useful purposes 

of flood control and water conservation include recreational 

uses, we believe that land to be inundated by such a water 

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, 178 s.W.2d 

(Civ.App. 1944, error ref., 

Eminent Domain, Sec. 64(X). 

w.o.m.); 29-A C.J.S. 311, 

As to lands lying above the contour line of the water 

level of the reservoir, the power to condemn is strictly 

construed and limited to the amount of property reasonably 

necessary and convenient 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 and sanitation would 

appear to be valid considerations in view of the authority's 

power, expressed, for example, in Art. 7880-T. 

The final question presented is whether the Attoyac 

Bayou Authority may use funds received from taxes to finance 

and maintain the recreational development. By the express 

terms of Section 59c, Art. XVI of the Texas Constitution, . . . 

which must be 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 may be necessary to provide 

all improvements and the maintenance thereof requisite to the 

achievement of the purposes of this Amendment, and all such 

-2075- 
. . 

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

Indebtedness may be evidencodby bonds of such conservation 

and reclamation districts, to be issued under such regulbtionn as may be prescribed by larr and shall also authorize 

the levy and collection within such districts of all taxes, 

equitably distributed, as may be 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 Bayou Authority 

is vested with all of the authority conferred by general 

l:iw upon water control and improvement districts, including 

We acquisition of land, easements, properties, or equipment which may be needed to utilize, control and distribute any water that may be impounded, diverted or controlled 

b;>. the :,uthority. Section 8 of the statute provides that 

the ;.uthority may levy a maintenance 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 same manner and with the same consideration and provision as under the general lavi governing 

wster control and improvement districts." See Art. 7880-g 

and other related articles for bond powers. 

Since the generl;l law governing water control improvement districts contains all items required by the levying 

of a valid tax to support bonds issued for authorized construction projects, there is no room for 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 same full extent a s 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 and flood 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; and a permit must be 

obtained before commencing the project. Art. 7492, V.C.S. 

of Texas. 

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

SUMMARY em----- 

The fittoyac ayou Watershed Authority, expressly created pursuant to Sec. 59, Art. XVI of the 

Texas Constitution, and by Art. 8280-220, V.C.S., 

has the legal authority to develop a multi-purpose 

reservoir which includes recreational use a8 a 

purpose and may use funds received from taxes to 

finance and maintain the same. 

Very truly yours, 

WAGGONER CARR 

iittorney General of Texas 

By: 

Assistant 

KBT:rm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

J. S. Bracewell 

Robert Owen 

Frank Booth 

Larry Craddock 

APPROVED FOR THE ;\TTORNEY GENERAL 

By: Stanton Stone 

-2077-