Mr. Joe Carter 

Executive Secretary 

Opinion No. WW-506 

Texas Water Development Board 'Re: May the Texas Water DevelopAustin 1, Texas ment Board lawfully give 

financial,~assistance to a 

political subdivision for 

the construction of a water 

filtration or water treatment plant when such plant 

constitutes an integral 

part of the entire water 

Dear Sir: project? 

You have requested the opinion of the AtiXXhey General 

on the matter of whether theYTexas Water Development Board may 

legally loan funds to a water.control ana improvement district 

for the purpose of the construction of a water treatment plant 

. . . "when such plant constitutes an integral part of the entire project.* 

We understand that,a district seeks a loan of State 

funds under applicable law so that it may construct a waterworks 

system designed to take rawwater from Lake Travis, render it 

potable by filtrationand aistribute':it to the consumers of the 

district. 

No problem is involved relative to the authority of a 

water control and improvement!district to do that which it seeks 

t0 do. Article 700048, V.C.S. 

The voters of the State on November 5, 1957, authorized 

an Amendment to the Constitution known as Section 49-c of Article 

III. Briefly, the amendment authorizes the sale of State Bonds 

to provide an initial fund of $lOO,OOO,bOO.OO to be used to assist named public corporations of the State in the conservation 

and development of the water resources of Texas. 
14r. Joe Carter, page 2 (WW-506) 

The portion of the Amendment applicable to this opinion 

follows: 

"Such fund shall be used only for the purpose of 

aiding or making funds available upon such,~terms 

and conditions as the Legislature may prescribe, 

to the various political-subdivisions or bodies 

politic and corporate of the State of Texas including river authorities, ~conservation~~and reclamation districts created or organized or authorized to be created or organized under Article 

XVI, Section 59, or Article III, Section 52, of 

this Constitution, interstatecompact commissions 

to which-the State of Texas is a party and municipal corporations,. ink..the conservation and develop- 

,ment of the water resources of this State,, including 

the control, storing and preservation of its.storm 

and flood waters and the waters of its rivers and 

streams, for all useful and lawful purposes by the 

acquieition, improvement, extension,~ 01~ construction of dams, reservoirs'and.other water storage, 

projects, including~any system necessary for'the 

transportation.of;w&ter from,storage to points of 

treatment and/or distribution, including facilities 

for transporting Waters therefrom to wholesale purchasers, or for any one or more of such>purposes 

or methods. I* 

Chapter 425, Acts 55th ,Legislature, R.S.,,,1957 (Article 

8280-9, V.C.S.) is the enabling act for the Amendment. Therein 

the Legi.slature defines the.word "project" as 

I . . . any engineering undertaking or work for the 

purpose of the,conservation and development of the 

surface water resources of the State of Texas, including the control, storing ana preservation of 

its storm and flood waters and the waters of its 

rivers and streams for+,all useful and lawful purposes by the acquisition, improvement,~exteneion 

or construction of dams,. reservoirs and other 

water etorage projects, filtration and water 

treatment plants including any system necessary 
Mr. Joe Carter, page 3 (WW-506) 

for the. transportationpof water'.from storage 

to points of 'distr~ibutiomo~ or from storage to 

filtration.and treatmant phnts~,..bncluaing 

facilities for.transporting~watar therefrom 

to ~wholesale~purohasers, or fat any 0ne:or 

more of..such purpos,e~s,: or methods. u (Underscoring ours,) 

.' 

The Legislature.deeme'd,thae Amendment broad enough to 

include the construetion,of;filtration.and water'treatment 

plants as a par'tof a,systemtthat conserves and developssthe 

water res6urces of the State,' 

The enablingsact was.~‘anticipatory It was approved by 

'the Legislature June 6',.'1957. The proposed amendment known as 

~,'H.J.R. NO. 3~# Acts 55th.Legislature, .ra.s.,..1957, was, approved by 

the s'ame Legislatur8'on~~June~~~6~,~l957~ 

The legal effect,of,.;t~e.lggBsBative interpretation is 

assayed in Collinqsworth, 120 Tex. 473, 40 S.W. 

2a 13, 16: 

*Contemporaneous-~legislative ,interpretation 

of a constitutional~,provisiowie universally 

held to be entitled'to weight D e aa 

In,Coreic~a~Co.tton.MilBo.~v, Sh=pard,/l23 Tex, 352, 71 

S.W. 2d 247, 251, the Courticautions:, 

..: 

"A legislative act Which iS in conflict With 

the Constitution is .stillborn and af no force 

or effect - impotent alike to confer rights 

or to afford protection," 

Consequently. we are.bound to,consider whether there is 

conflict between the enabling.legislation and the organic law. 

"The fundamental purpose in construing a constitu,tional provision~is to ascertain aa give 

effect to the intent,of,the framers and of the 

people who adopted it,? ~ollfngsworth County v. 

Allred, 120 Tg~.,473~,.4O S-W, 262 13,~15. 
Mr. Joe Carter, page 4 (WW-506) 

*Generally it may be raid that in determining 

the meaning, intent,:aAa purpose of a law or 

constitutional proviaion,..,the history of the 

timee out of which ,it~ grew,,"and to which it 

. may be rationally eupp+red tobear taome direct 

relationship, the .evile intended to be remedied, 

and the good to be~~accompliehed, are proper oubjecte of inquiry.~~'~ Travelere"Inr. Co. v. Warshall, 124 Tex. 45, 76 8.W. 28 1007, 1012; 96 

ALRo2. 

The hisQorica1 background enveloping the framing aAd 

enactment of the AmendmeAt~is,a.:harsh.one reflecting as it doee 

the longest drouth in the.recorded history of the State. Deginning in 1951 ana continuing ,into April -'Way,.1957 the year8 

of drouth were dieartrous,.;bitter alike to rural and metropolitan areas. They were year8 of physical and economic stress well 

calculated to implant iA:tbe~miAd of those exposed to its rigoAs 

that water aAd the water.reaourcee of the State were asset6 to 

be COAseNed aAd developed. It was in. the final year of drouth 

that the electore of the ,State:Voted the AmendmAt into the 

ConstitutioA. 

The question irr wheth&r.a filtration plant coAotitutiAg 

*an integral part of the entire water project* ie within the 

spirit tttta scope of the AmendmeAt? 

When the'AmeAdment waSdrafted and at the time it wae 

voted upon, there exiated Texa8',law on the treatment of water 

aAd the purity thereof. Tho8e .whodrafted the Amendment were 

bound to have had cognicance:'thereof;~thoee who voted it into 

law are chargeable with knowledge thereof. 

Article 4477-1,uv.c.s.,,.provide8t 

". 

"Section 12(a). Dveryperron, firm, corporation, 

public,or private, contemplating the eEtablif#hmeAt 

of any drinking water!aupply.y~. . for public use 

shall, previous to the construction thereof, submit 

completed plans Ma rpecifications therefor to the’ 

,State Department of Health aAd the gala Department, 

shall approve 8amel provided maid plans conform to 
. . . . 

or. Joe Carter, page 5 (WW-506) 

the water safety . . . laws of this State. 

The said water supply . . . system shall 

be established only after approval+has beeA 

given by the State DepartmeAt of Health.* 

Article 44186, V.C.S.,* confers certain rule making 

powers on the Commie8ioAer of.Health. Section C 4.00 of the 

*Rules and Regulations Covering the Preparation, Submission 

and Approval of Plans and Specifications for Water Supply 

Systems and Acceptable Operating Practices, Texas State Department of Health* providear 

"All water Secured from surface source8 of 

supply shall be given complete treatment at ;I 

a plaAt which provide8 faCilitie8 for COAtinuous coagulatioA,~aedimentatioA, filtration through acceptable media, covered clear 

well storage.aAd continuous disinfection of 

the water with chlorine gas or suitable chlorine compounds.* 

Article 4477-1, Section 13 (f) gives the above rule the 

teeth of law in that: 

"No water from~any~aurface public drinking 

water supply shall be made accessible or 

delivered to any consumer for drinkiAg purposes unless it hae first received treatment 

essential to rendering it safe for human COAsumption. All treatment plants IAClUdiAg 

aeration, coagulation, mixing, settling filtration, and chlorinating units shall be of 

such size and type as may be prescribed by 

good public health engineering practices.* 

Article 7471, V.C.S., contains a declaration of policy 

relative'the appropriation of the public waters of the State. 

The number one aAd highest priority granted is for YIomestic 

and MUAiCipal uses, IAClUdiAg Water for 8UStaining human life 

and the life of domestic animals.* 
. . 

w. Joe Carter, page 6 (WW-506) 

'ThXt fact is that surface water, as available in Nature, 

may be so colored, turbid, hard or contaminated as to be unfit 

for either domestic or industrial use. See "Waterworks Handbook* by Flinn, Weston and: Pogert,:and~"Water Works Practice," 

a manual issued by the American Water Works Association. 

By a series of processes:generically designated as water 

treatment the raw water may be;restored to a,condition of usefulness. Filtration is one,such process. See authorities nwt 

above. 

Here, for convenience,z,iwe will paraphrase Section 49-c 

of Article III, Constitution,.of T-as: 

The fund may be used only for the purpose of 

aiding in a designated manner~the named public 

corporations in the~conservation and,development of the State's.water resources which shall 

include the control, storing and preservation 

of waters derived from storms, floods,.,rivers 

and streams by the acquisition, improvement, 

extension, or constructionof aams,,,reservoirs 

and other waterst6rage:projects *Bincludinq 

any system necessarv-forthe transportation of 

water from storage tonoints of treatment and/ 

or distribution,~.including~facilities for transporting water, therefrom towholesale purchasers, 

or for anyyone~:or morer,~of such+purposes or methods.- (Emphasis:aaaea) 

The underscored portionfirst~above~might'be construed 

to mean that the fund,could'be,,used toassist in,the construction of a system to convey~water‘~;from,~storage.~ a point of 

treatment, ana, therefrom to ,wholesale.:purchasers. That construction of the Amendmentwould+preclude.;the use of the fUAd 

to assist in any manner withthe:construction of a treatment ,,' 

plant. 

to meet 

purpose 

The purpose promptingrthe~iamendment was a bold attempt 

the water problems of the State aAd that legitimate 

should not be defeated,ihindered or frittered away by 

narrow or technical construction., ,,.Aransas County v. ColemanFulton Pasture Co., 108 Tex.,~223,:191 S.W. 5530 Imperial~Irrigation Co. v. Jayne, 104 Te%,.395,,;138 S.W. 575. 
.-:. 

Mr. Joe Carter, page 7 (WW-506) 

It is our opinion~that a fair interpretation of the 

language, spirit and intent of,the Amendment would be that 

the construction of a treatment plant was included. Certainly it can be said that if it was the intent of the 

framer8 to expressly exclude.,such plants. much ha8 been left 

to chance. Matter8 of.such importance should not be.read 

out of the obviously broad.scope of the Amendment on the 

Strength Of SUCh a AebUlOUS iAdiCatiOA Of negative intent. 

*It is a proper inquiry. . . in ascertaining whether 'a,certain interpretation 

should be given to the language of the Constitution, to consider whether its framers 

aAd the voters,by whom'it was adopted intended 

the consequences which must follow such interpretatioAlm KOY.V. Schneider, 110 Tex. 369, 

218 S.W. 479, 481. 

Some practical VonsequencesH of the exclusion of 

treatment plants are these. The State 00uia assist,a city or 

town in developing a water.eource~but: could notaid it in rendering such water fit foruse by treating it in compliance 

with the laws sponsoredand enforced.by the assisting sovereignty. Also, the aeeistance~ is in the nature of loans that 

must be repaid. If the water can.not be use&it can not-be 

Sold and thereby earn~the~~income necessary to repay the loan 

from the State. Further,,,a city or town with an existinq treatment plant could avail itselfiof the benefits of the Amendment; 

whereas, a muAicipality thathad no plant and could not finance 

the construction of one without SUCh~~aSSiStaACe as is contemplated by the Amendment;.would be,, as,a practical matter, denied 

the benefit of stored water because it lacked treatment facilities. We do not believe that,such inequities between municipalities similarly situated were intended by either,the framers 

of the Amendment or those who voted it into being. 

*When a statute is plainand unambiguous inits 

terms and not susceptible of mre than one construction, courte'iare not,,coAcerned with the 

consequences that may result therefrom, but must 

enforce the law as they find it. But when a 

statute is ambiguous in Ifs terms o.r susceptible 
-5 

fir. Joe Carter, page 8 (WW-506) 

of two constructions, then the evil results and 

hardships which may follow one construction may 

be properly considered by the.oourt, and it is 

right that the court shall cplace uponthe statute that interpretation of which it is faftly 

susceptible, which will ,attain the just solution 

of the questions:involved and protect the rights 

of all parties." Oriental Hotel Co. v. Griffiths, 

88 Tex. 574, 33,S.W. 652, 53 Am. St. Rep. 790, 30 

LRA 765. 

Generally speaking, rules of~statutory construction are 

equally applicable to~,the.~.construction~of a Constitution. Badger v. Hoidale 1C.C.A .,,88th,, 88 F. (2d);208, 109 ALR 798, ii 

Am. Jur., Sec. 49, pa 658. 

Therefore,.because,of the reasonsheretofore set out 

it is the opinion of the Attorney General that the Texas Water 

Development Board may.,lawfully grant financial assistance to a 

political subdivision, otherwise qualifying,~,for the purpose of 

constructing a water filtration ,plant.when such project constitutes an integral part of the entire ~water project. 

However, it is not,.our,~intent, ~nor do we hold, that 

under the provisions of Section 49-c,.~Article III,.Constitution 

of Texas, the fund may be used, inithe.construction of water 

treatment plants alone,,not a necessary part of a system, but 

as an independent or exclusive~undertaking. 

SUMMARY 

The Texas Water Development Roard may lawfully 

grant financial nssistance to a.;political subdivision, otherwise qualifying, for the purpose of constructing a water filtration plant 

when such project constitutes an integral part 

of the entire water project. 

,p... . 
Mr. Joe Carter, page 9 (WW-506) 

Yours very truly, 

GW-e 

APPROVED8 

OPINION COMMITTEE 

Geo. P. Blackburn, Chabman 

L. P. Lollar 

c. K, Richards 

J. C. Davis, Jr, 

Arthur Sandlin 

REVIEWED FOR THE ATTORNEY GENERAL 

=8 W. V. Geppert