?I-HE ATroRNEY GENERAL 

OF’TEXAS 

Eon. T. E. Knight 

county Attorney 

Stonewal1~0ounty 

A~permont, Texas 

Dear Sir; O@lnl& No-; O-7580 

Rer As-.tiatithorlty for~olty to 

oreatb’.wateti dletrlot rlthln 

lta oiin boundaries undnr 

dtitlolea 78804SKor V881, 

R.C.S. 1925, and roleted 

queationa. 

W8 have considered your letter OS Aug. 25, 1946, 

on behalf of H. H. Shadle, County Judge of Stonewall 

Coutity, in whloh you request an opinion on tha following 

qusatlons,,ae quoted from your lettor: 

"1. I ha%d you latter to mo from County Judge 

E. H..%adls of thl6 County in whloh ha rlahsd to 

know whether the City of hspemnont may, under 

Artlolo 7880435 oi' Revlaed Statutes, oroate water 

dlstrlots wholly wlthln ita boundarlaa for the 

purpose of digging wells, pools, or tanku:~oJIly 

outside the olty llmlts and plplng wator lnto the 

olty of domestlo and oommerloal purpo~~ea. 

"2. baa lndloated by Judge Shadls, tMa Lt. 

rather suggests that a tom mlght,only aid aMthor 

district or be oreatod ln oonneotlon rlth outside 

territory aa a rater dlrtrlot, and 1s vague as to 

whether olty might oroata rater dlatriot within 

ltaelf to obtaln rater for domeatlo and oommerolal 

purposes. What 1s your oplnlon a8 to this? 

"3. I understand that the olty aldeken may 

appoint five dlreotors and organize the water Control 

and Improvement Dlstrlot - aa provided by said Art. 

,7880-135, and that after this an eleotlon rould have 

to be held to determine whether bonds might be Issued 

and taxes levied. But, as stated, Aspermont rants to 

provide way for water for only domestic and oommerclal purposea. Would this provision be broad enough 

.to lnoluds auoh4 
Ron. T. E. Knight, page 2, O-7380 

"4~. If Aspermont might oreate within itself 

a water dlstrlot for t@e purposes mentioned, should 

petition for eleotlon to levy taxes and laaur bonds 

be addressed to the Commissioners Court of then 

County, or might the City Council order the eleotlori 

on petition? 

"5. Under Chapter 4, Art. 7881, it seems that 

Fresh-Water Supply Dlstrlota may be created for 

purpose of transporting water for domestlo and 

oommerloal purposes, and that such districts may 

include cities. But this article does not speoifloally state that cities within their own boundaries 

may create suoh diatrlot. As stated, Aspermont wants 

fresh water, and she wants it for domestlo and commerloal purposes, and she wishes to transport such 

water from lakes, pools, tanks, creeks or any other 

place she may get it outside the city. If she can 

create such a district wholly within her~own borders, 

then it may be that ahe could organize and create 

suoh district under this Rrtlole 7881, and this would 

be better than oreatlng.sams under 7880-136. But, it 

is not olear that she could do this alone. What do 

you think about it? 

I 

. . . 

ihylll say that on June 19th, 1946, we asked 

for opinion from you relative to the City of Aspermont 

joining with outalde territory and orsatlng water 

dlstrlot, and you gave us opinion No. O-7130. Later 

the olty oonoluded that an eleotlon with the outsldo 

territory would not oarrg in favor of oreatlng the 

dlstrlot, and now desires to oreats dlatrlot within 

it8 own bordera. This la why we are asking for 

opinion as stated above." 

The baaid problem, as - we understand your letter, 

is the oorrsot statutory authority for the creation of a 

water district with boundaries ootermlnous with those of the 

city of Aspennont for the purpose of supplying fresh water 

for domestlo end oommerloal use by the inhabitants of the 

city of Aepermont. 

Your fifth and last question poses the above 

stated problem ln the light of Art. 7881 (R.C.S. 1925), 

~whloh reads as follows: 
I ,t. LsHon. T. E. Knight, paga S, O-7580 

*Artiolo 7881. Purpcwe8 

Vhero may ba oreatod within this Stata 

oonerrvatlon dlstrlots~.to k knom ar Frmh Wuter 

Supply Dlatrlota for the purpose of oonaarvlng, 

transporting and distributing freah rater from 

lakes, pools, reservoira, rolls, aprlngs, orsaks,L 

and rivers for dome&&o and.oommorolal purpoaesj 

as contemplated by Seotlon 69, Artlolo 16 of the 

State constitution. Said dlstrlots~shall have and 

may exerolse all tha,rlghta, 'privileges and porere 

given by this ohapter and in aocordanoe with its 

directions, llmltatlons and provisions. Such dlstrlcts may or may not include oltlee and towns.* 

It would appear that the above article spe~lfloally 

provides for the exact purpose for whLoh you desire to oreate 

a Water District, namaly, a Fresh Water Supply Dlstrlot 

organized to transport.and distribute fresh rater for dorpstic and commerolal purposes. 

Such a dlatrlot, however, may not be oreated by a 

town or olty, but may be oreatod only upon the presentation 

to the commissioners oourt or oounty judge of tha county 

embracing the lands -iR '&e proposed district of a petltlon 

signed by fifty or a majority&f the qualified voters of 

such proposed district who own land theroln, as~provlded by 

Art. 7882. Such petition must, among other th¶.nga, .sat 

forth the bouqdarles of the proposed dlatrlati tho.gensral 

nature of the.,work proposed to be dono, the naomaslty 

therefor, and the feaelblllty thoroof. 

As stated ln the oaee of Be10 ~vi Morrlmnn (Clv. 

App.) 245 S.W.,1012, reversed on other grounds, 296 8.W. 

1095, there is no limitation as to the boundaries of suoh 

dlstrlot or sugg+stlon thrit oounty llnea or lines of any 

other .polltloal subdivision shall be oonslderod ln l .stablishing such district, and it is immaterial that water to 

be conserved is out of the district and ia to be brought 

into the dlstrlot. 

We find no objection to the oreatlon.of auoh a 

Fresh Water Supply Dlstrlot with boundaries coterminous 

with the boundaries of the olty of,Aapermont, provided that 

oompllanoe is made with tha rsqUlrem&s of Chapter 4 

Tltle'l28, R.C.S. 1925, as amended. (Arts. 7881-78991. 

It should be noted that this chapter requires an eleotlon 

by the resident property taxpayers who are qualified voters 

of such proposed dlatrlot (Arts. 7888-7893) before such 
Hon. T. E. Knight, page 4, O-7380 

district oan be organized. 

Referring now to your first four questlone, _ ._ . . . . ^ 

you ask in question number on4 wheth4r tlls olsy Or 

Aspermont may, under Art. 7-6-136, R. C. 3. 1995, oreate 

within its own boundaries a water dlstrlot for the hitherto 

stated purposea. Suoh artlole reads ln part as follows: 

"Any town, olty or munloipal oorporatlon may have 

the benefit and powers herein provided under th4 

constitution of this Stat4 and may aid any district 

in the oonstruotion and operation of any suoh lmprovements to the extent that same may be an advantage to 

such municipal oorporatlon in the following manner: 

"A . The area included in any town, olty or Ir 

municipal corporation be organized into and oonstltuted a water oontrol and improvement dlstrlot with 

all the powers, authority and prlvll4g4s provided by 

Seotion 59 of Article 16 of the Constitution and be 

governed by this Act, by an ordinance duly enacted by 

the board of aldermen, oommissloners, orgoverning body 

thereof, oonstitutlng same a water oontrol and lmprovsment district and appointing five dlreotors therefor. 

The bonds of suoh directors shall be filed with and 

approved by said governing board of suoh munlclpallty, 

and upon the quallfloatlons of said dlreotors said 

dlstrlot la completely organized without th4 necessity of holding an 4leotlon therefor. Said district 

shall from and after lta organization be governed 

by th4 provisions of this Aot and sny amendments 

hereafter 4naotsd." 

The above quoted artlole by its terma provides 

for the orsatlon by ordlnanos of the~governlng body of a 

town or oitv of a Water Control and Imrrovement 0lstrlot 

to include only the area of suoh town br oity, without 

the neoesslty for an eleotlon to oonfirm the creation or 

organization of such district. Suoh dlstrlot is given 

all the powers provided by Section 59 of Art1014 16 of 

the Texas Constitution, which rmoessarilv lnoludes the 

purpose act forth in your letter, tog4ther with many other 

purposes, as 4numerated in Artiole 7880-3, 7880-3a, and 

7080-7. It will be noted that after organization of suoh 

a district pursuant to a duly enaoted ordinance of the town 

or olty in question, said ordinance appointing five direotors 

for such dlstrlot to serve until the next general election 

in such dlstriot, there must be held a general election on 
Hon. T. $. Knight,. pago 5, O&7384 1: ,, 

the aeoond Tuesday in January next after the said dlatrlot 

is formed, at whloh time the flvo dlreotora for thr @strict 

shalk b4 aleotad. (Art.~78SO-37) i. , 

: 

Art.. 7880-15 

After or&nl~a&&, a'*dlatriot'o&aCad k&r 

5 la subjsot. to a11 the,provlsions~ of Chapter 3A, 

Title 128, R.C.S. 1925, as amended,. where applloable. 

(Arts. 7880-l to 7880-1472, inoluslvo) 

Your first question is therefore answered in the 

affirmative. 

Your ~seoond question is, in general, answered by 

the above statements in our answer to your first question. 

It may.b4 added that a distrlot areated under Art. 7880-135, 

after organization is a separate polltloal entity from th4 

town or olty,by.whose ordinance s'uoh district was created, 

even though the boundaries of suoh dlstrlot are ooterminous 

with the boundaries of such town or city. By the terms of 

said article, the town or city in question may aid such 

district "in the oonstructlon and operation of any such 

1mprovament.s to th4 .4xtent that same may be an advantage 

to such municipal oorporationn in the manner set out by 

the statute, but after creation of the district the governing body of the town or oity in question has no oontrol over 

the dlstrlot, whloh has a governing body of its own and 

its powers, authority and privileges are referable to a 

different title of the Revised Civil Statutes than are thos4 

of towns and cities. 

The statement included in your thlrd.quebtlon to 

the effeot that an election in the dlstrlot would be 

necessary before bonds may be issued and taxes lovied in 

support theroof is oorreot. As stated ln our above answer 

to your first question, districts organized under Art. 

7880-136 are given sufflolqntly broad authority to carry 

out th4 purpose of transporting and dletrlbutlng fresh 

water for domestic and oommeroial use within suoh dlstrlot; 

therefore, your third qusstion is answered in the affirmative. 

Your fourth question is answered by referenoe to 

Articles 7880-9, -31, -32, -78, -00, and -81. No petition 

is required for an election in water districts to issU0 

bonds and levy taxes in payment therefor.. Suoh elections 

are ordered by the direotors of suoh dlstrlct~ on the basis 

of surv4ys and investigations oonducted on the order of 

such directors, and bonds may be issued only after the 

approval of the State Roard of Water Engineers is secured, 

, 
Hon. E. T. Knight, page 6, O-7380 

as Gquired by Art. 7880-139. It will be noted, as stated, 

above,, that after the oreatlon of a water oontrol and 

lmprovbment district under the provisions of Art. 7880-136, 

such dlstrlot beoomes a separate polltloal entity and is 

not eubjeot to the oontrol of the govsrnlng body either 

of th4 olty or of the oounty~wlthln whose boundaries suoh 

dlstrlot may be looated. 

Truatlng that we have satlsfaotorlly answered 

your questions, we remain 

Yours very truly 

ILTTORNEX O~WSRJUI OF TEXAS 

s/ Wm. Blanton, Jr. 

BY 

Wm. Blanton, Jr. 

Assistant 

WB:hMW/og 

Approved Wov. 8, 1946 

a/ Harris Toler 

First ;bssltant~' 

Attorney Oeneral 

This opinion oonsldered and approved in limited oonferenoe.