Honorable Robert S. Calvert OpinionNo. C-552

Comptroller of PublicAccounts Austin, Texas Re: Validity of appropriation to the Upper Red River Flood Controland IrrigationDlsDear Mr. Calvert: trict.

You have requested the opinion of our office on whether the Upper Red River Flood Control and Irrigation District can use the appropriation out of the GeneralRevenue' Fund of the State to the Upper Red River Flood Control and Irrigation District. The Legislature in the current GeneralAppropriation Act (HouseBill 12, 'Actsof the 59th Legislature,Regular Session, 1965) made the following appropriationto theUpper Red RIverFlood Control and'IrrigationDistrict:

"UPPERRED RIVER FLOOD CONTROLAND

IRRIGATIONDISTRICT

For the Year Ending August 31, 1966

There is hereby appropriated out of the GeneralRevenue Fund to the Upper Red River Flood Control and IrrigationDistrict for the purpose of placing a water gauging station at the Prairie Dog Fork Bridge In Hall County, and for thepurpose ofplacing
a siltationgauge at said site and for the necessary expenses of travel, research, and other expensesnecessary in collecting informationnecessary for
a study of the water potentialities of the Prairie Dog Fork of the Red River, the sum of...... $5,000”

The Upper Red River Flood Control and IrrigationDistricf
was created by the provisions of Article 8280-122,Vernon's

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Civil Statutes. Ye quote the pertinentparts:

"Section 1. Theze is hereby created within the State of Texas, in addition to the districts Intowhich the State has heretofore been divided, a conservation and reclamation district to be known as the 'UpperRed River **Flood** Control and IrrigationDistrict' (hereinaftercalled the District) and consisting of thatpart of the State of Texas which is includedwithin the Counties of Driscoe, Hall, and ChildfFess. Such District shall be and Is hereby declared to be a governmental agency ,and body politic and Corporate,with thepowers,, rights,privileges, and functions hereafter specified, and the creation of such District is hereby declared to be essential to the accomplishment oi the purposes of Section 59 of Article 16 of the Constitution of the State of Texas, including (to the extent hereafter authorized) the control, storing,preBervation, and distribution of waters of the Prairie Dog Fork of Red Rdver and its tributaries for the purpose of protecting the lives and property of the inhabitanta of the territory affected by the Prairie Dog Fork of ,RedRiver, its tributaries, and the streams to which it is a tributary, and in addition the reclamation, conservation,draining, and irrigation of landswithin the District. Rothing in this Act or in any other Act or Law contained,however, shall be construed as authorizing the District to levy or collect taxes or assesmnents, or in any way to pledge the credit of the State.

'Sec. 2. In accordancewith the limitations andprovisions of this Act, the District shall have and is hereby authorized to exercise the followingpowers, rights, privileges, and functions:

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"(a) to control, store, and preserve, within ,the

boundaries of the District, the, waters of the Prairie Dog Fork of Red River and its tributaries, for the reclamationand Irrigation of the lands of the District, and to use, distribute, and sell the same, within the boundaries of the District for any suchpurpose;
"(b) to prevent or aid in the prevention of damage to person or property from the waters of the Prairie Dog Fork of Red River and its tributaries;
"(m) to make contracts and to execute instrumentsnecessary or convenient to the exercise of thepowers, rights,privileges, and functions conferredupon it by this Act;
"(0) to do ,anyand all other acts or things necessary or convenient to the exercising of the powers, rights,privileges, or fun&tons conferredupon it by this Act or any other Act or law.

"Sec. 8; Any and every indebtedness, liability, or obligation of the District, for thepayment of money, however entered into or incurred, and whether arising from contract, Implied contract or otherwise, shall be payable solely (1) out of revenue received by the District and not held in trust by virtue of any prior lien or aFreee, or (2) if the Board shall so determine out of any fund received by the District from grants or loans made to the Districtby the United States Government

### OFcorporation
or agency created by or designatedby it. (Emphasissupplied)
Section 59 of Article 16 of the Texas Constitution provides for the creation of such a flood control and irrigation district as 1s being here considered and expressly declared that the carrying out of suchpurposes or uses shall be "publicrights and duties." We have heretoforeheld in

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Honorable Robert S. Calve&, Page 4 OpinionNo. C-552

OpinionNo. C-436, that this constitutionalprovision and statutes enactedpursuant thereto are to be construed together and given a broad and liberal construction in order 

### to effectuate the Intent of thepeople and the legislature. We also held that such a statute in view of the mandatory public purpose and duty carrieswith It by necessary implication the authority to do whatever is reasonably necessary to effectuate soahpurpose.

It is well settled that water, floor control, and irrigationdistrictspossess suchpower8 as are expressly granted by statute, and also those necessarily or fairly implied, that are essential to the accompllsiament of the declared objects ana purposes of the districts. 94 C.J.S. 293, 294, 71, Waters, Seca. 321, 243(5);Attorney General's Opinion C-436, supra.

It affirmativelyappears from thepurporea andpowers, ressly granted and those necessarily Implied,by Article !zO-122 that the Legislaturehad the authority to make the $5,000 appropriation out of the state's QeneralRevenue Fund, for the statedpurposes.
Section 8 of Art. 8280-122 merely requires that the District, in Incurring any Indebtedness, liability, or obligation for thepayment of money, shallpay for'same only out of
revenue recelved'by the District.andnot held 

### in trustby virtue of anyprior lien or agreement, or out of any fund rek8ived by the District from grants or loans by the federal government or agency createdby or designatedby It. We do not construe the legislature~s language to prohibit expenditures by the District from state legislativeappropriations. We construe the section of the statute as permitting the District's expenditure of such a state legislative agproprlation as was heremade. Such state revenues are revenues received by the District and not held In trust by virtue of anyprior lien or agreement!.

The word "revenue"as ueed in the statute is neither explained, defined, nor limited In itsmeaning. It should be considered to have been used in its usual, ordinary sense so as to Include anypublic moneys received by a state agency or Its subdivisions from whatever source derived and in whatevermanner. "Revenue"; See 37A Words & Phrases262, et seq.,under

and 1965 Pocket Part,p. 32, and caees cited.

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Honorable Robert S. 

### Calvert, Page 5 OpinionNo. c-552

Giving the statute and the word "revenue"a liberal and reasonable construction in the light of the declaredpublic policy of this state in such conservationlegislation,we thereforehold that the appropriation out of the General Revenue Fund to said Distrlatmay b8 validly expendedby it for the statedpurposes.

SUMMARY ------- Article 8280-122, Vernon's Civil Statutes, creating the Upper Red River Flood Control and IrrigationDistrict, is sufficientpre-existing law to provide
a basis for an appropriation,and the appropriation in questionmay be expended by the District for the,purposes stated therein.

Yours very truly,
WAOQORER CARR Attorney Qeneral



### ByL&.U KernsB. TayWr Assistant

KBT:dl

APPROVED: OPIEION COPMITTEE

W. V. &ppert, Chairman Linward Shivers Phillip Crawford Malcolm Quick Scott Garrison

APPROVED FOR THE ATTORNEY QENERAL By: T. B. Wright

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