IHE,~~~-~ORNRY GENERAL 

OFTEXAS 

Honorable Bascom Glles, Commissioner 

General Land Office 

Austin 14, Texas 

Dear Sir: Opinion No. O-6607 

Re: Whether or not a levee lmprovement district may be created 

und,er the provisions of Chapter 

6, Title 128, Vernon's Annotated 

Civil Statutes, in all or any 

one of the counties Fn question, 

notwithstanding the fact that 

said counties are Included within the boundaries of the Lower 

Colorado River Authority. 

We are in receipt of your opinion request of recent 

date, reading as follows: 

"I am lnformed that the War Department has 

plans for the post-war construction of a flood control project in Colorado, Matagorda and Wharton 

Counties, Texas. The project will consist of protecting levees along the banks of the Colorado 

River, In Colorado County from a point below the 

town of Eagle Lake on the east side of the river 

to the Wharton County line, and on each bank of 

the river through Wharton and Matagorda Counties 

to the mouth of the river, the project also calling for a ring levee around the town of Columbus 

and the town of Matagorda. 

"The construction cost of the project is to be 

paid by the Federal Government, conditioned on the 

counties furnlshlng the necessary rights-of-way. 

"I understand your department has held that a 

county has no authority to use county funds for the 

purchase of rights-of-way for flood control projects 

and similar purposes. Therefore, it is necessary 

that some type of agency be created in the above 

named counties with the right and authority to issue 

bonds and levy taxes for the purchase of rlght-ofway and for maintaining the levees after they are 

constructed. 
Honorable Bascom Glles, page 2 O-6607 

"The three counties named are included withln 

the boundaries of the Lower Colorado River Authority 

as created by Acts 1934, 43rd Legislature, 4th Calles 

Session, Page 19, Chapter 7, which has the power and 

authority, among others, "to prevent or aid in the 

prevention of damage to persons or property from the 

waters of the Colorado River and Its tributaries.!' 

I understand the L.C.R.A. is not in a position to 

purchase the right-of-way for the proposed project 

and has no objection to the creation of a local agency 

with the power to do so. 

"Will you kindly advise whether or not a levee 

improvement district may be created under the provislons of Chapter 6, Title 128, V.A.C.S., in all or 

any one of the above named counties notwithstanding 

the fact that said counties are included within the 

boundaries of the Lower Colorado River Authority. * *" 

Replying to the above, you are advised that we have 

carefully read the Act of the Legislature creating the Lower 

Colorado River Authority, and we find nothing in the Act of 

the Legislature which gives exclusive control of lands within 

the counties included withtithe boundaries of that Authority, 

with respect to the creation of other districts with similar 

purposes. In our opinion No. o-66(85, we have very recently 

held that a water control and improvement district may be 

created within the territory comprising the Lower Colorado 

River Authority, and this department has approved the bonds 

of two water control and Improvement districts of Travis County 

created since the creation of the Lower Colorado River Authority, thereby giving the approval of this department to the 

creation of water control and improvement districts within a 

county included within the boundaries of the Lower Colorado 

River Authority. 

Article 7972, Vernon's Annotated Civil Statutes, reads 

as follows: 

"There may be created within this State conservatlon and reclamation districts to be known as Levee 

Improvement Districts, for the purpose of constructing 

and maintaining levees and other improvements on, 

along and contiguous to rivers, creeks, and streams, 

for the purpose of reclaiming lands from overflow 

from such streams, for the purpose of the control and 

distribution of the waters of rivers and streams by 

straightening and otherwlse improving the sane, and 

for the proper drainage and other improvement of such 

lands, all as contemplated by Section 59, Article 16, 
. - 

Honorable Bascom Glles, page 3 0-6607 

of the Constitution of this State, for the conservation and development of the natural resources of 

this State, which said districts shall have and 

may exercise all the rights, powers and privileges 

given by this Act and in accordance with its limitations and provisions." 

Article 7974, Vernon's Annotated Civil Statutes, provides that: 

"* * + when It Is proposed to create such a 

district to be composed of lands in two or more 

counties, then a petition of the nature above lndicated, signed by the owners of a majority of the 

acreage of such proposed district, designating the 

county of jurisdlctlon In respect to all matters 

concerning the said district, which county may be 

any county in which any part of district Is located, shall be presented to the commissioners' 

court of such county, or, If the court is not in 

session, to the county judge thereof; + * * ' 

which clearly authorizes the creation of levee improvement dlstricts containing territory in more than one county. Levee lmprovement districts are authorized and empowered to make all 

the necessary levees, bridges and other improvements across or 

under any rail-embankments, tracks, or rlghts-of-way, or public 

or private roads or the right-of-way thereof, or levees or 

other public Improvements of other districts, or such other 

improvements and rights-of-way thereof. See Article 7986, 

Vernon's Annotated Civil Statutes. 

Levee improvement districts ere also given the authority to act jolntlg with each other, with cities and towns and 

other political subdivisions of the State, and with the Go?%nment of the United States in the performance of anv of the 

things permitted by Chapter 6 of Title 128. See Article 7986, 

Vernon's Annotated Civil Statutes. 

Of course, a levee Improvement district would not be 

authorized to curtail or In any way Interfere with any prior 

district that had been created by authority of law, and we see 

no reason for thinking that a levee improvement district would 

interfere in any way with the authority and purposes of the 

Lower Colorado River Authority. 

You are, therefore, advised that it is our opinion that 

a levee Improvement district may be created so as to embrace 

lands in one or all of the Counties of Colorado, Wharton and 

Matagorda, notwithstanding the fact that said counties are ln- 
- . 

Honorable Bascom Giles, page 4 O-6607 

eluded within the boundaries of the Lower Colorado River Authority. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/C. F. Gibson 

C. F. Gibson 

Assistant 

CFG:EP:wc 

APPROVED JULY 2, 1945 

s/Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chairman