Hon. H. Clyde McLendon

county Attorney Zavala County Crystal City, Texas Opinion 

### No. v-n80

Re: Legality of creating a water control and lmprovement district composed of 'Uvalde

and Zavala Counties to contract with a rain making company to Increase the Dear Sir: normal rainfall.

We refer to your request which reads in part as follows:

"'Under existing statutes and constltutlonalprovisions, would It be lawful to form or create a water control and lmprovement district composed of the whole of Uvalde and Zavala Counties for the purpose of contracting

with a ralnmaking.company to increase the normal rainfall over said dlstrlct, having the power to levy,arld collect a tax on all property in the dls~i3ct to pa7 the costs of the rain Increasingcontract?'' Section 59 of Article XVI, Constitutionof Texas, provides:

"(a) The conservation and developmentof all of the natural resources of this State, Including the control, storing,preservation and distributionof Its storm and flood waters, the waters of Its rivers and streams, for irrigation,

power and all other useful purposes, the reclamationand Irrigationof Its arid, semi-aridand other lands needing \ Irrigation,the reclamationand drainage of Its over-flowedlands, and other lands needing drainage, the conservation and development of Its forests,water and hydra-electric power, the navigation of Its Inland and coastal waters, and the preservationand conservation of all such natural resources of the State

### It38 Hon. Ii. Clyde HcLenaon,

page 2 (V-1180)

are each and all hereby declared public rights' and duties; and the Legislatureshall pass all such laws as may be appropriatethereto. "(b) There may be created within the State of Texas, or the State may be divided Into, such number of conservation and reclamation

districts as may be determinedto be essential to the accomplishment

of the purposes of this amendment to the constitution, which districts shall be governmental

agencies and bodies politic and corporate

with such powers of governmentand with the authorityto exercise such rights,prlvlleges and functionsconcerningthe subjectmatter of this amendmentas may be conferredby law. '"(c) The Legislatureshall authorizeall such indebtedness

as may be necessary to provide all Improvements and the maintenancethereof requialteto the achievementof the purposes of this amendment, and all such indebtedness may be evidenced

by bonds of such conservation and reclamation

districts, to be Issued under such regulatlohs

as may be prescribedby law and shall also, authorize the levy and collection within such districts of all such taxes, equitablydistributea, as may be necessary for the payment of the Interest and the creation of a sinking fund Tar the payment of such bonds; and also for the maintenance of such districts and improvements,

and such Indebtednessshall be a lien upon the property assessed for the payment thereof;provided the Legislatureshall not authorizethe Issuance of any bonds or provide for any Indebtedness against any reclamatlon districtunless such proposition shall first be submittedto the qualifiedproperty tax-pa ?I lng voters of such district and the propositiona opted." Article 7880-3, V.C.S., provides In part:
"WaterControl and ImprovementDistricts may be organizedunder the provisions of Section 59, of Article 16 of the Constitutionfor any one or more of the purposes thereinprovided as follows:

### 189

Hon. R. Clyde McLendon, page 3 (V-1180)

"'Including

the control, storing,preservationand dl8trlbutlOn of Its waters and flood waters, the waters of its rivers and streams, for Irrigation, p.ower and all other useful purposes,the reclamationand lrrlgatlon of Its arid, semi-aridand other lands needing Irrigation, the reclamationand drainage, the conservation and developmentof Its rorests,waters and hydra electricpower, the navigationof Its coastal and Inland waters, and the preservation and conservationof all such natural resourcesof the State,';

. . .n Moisture ln the air does not appear to be a natural resourcewithin the terms and meaning of the above-quoted constltutlonal

provlslon. Therefore, It Is our opinion that a water control and improvement district may not be created for the purpose of contracting with a rain-making company to increase the normal rainfall over such area.
SUMMARY There la no statutoryor conetltutlonal of a water control

._ authority for the creation and Improvement district for tne purpose or contracting

with a rain-makingcompany to increase the normal rainfall over the dlstrict.
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DANIEL County Affairs Division Attorney Qeneral
Jesse P. &ton, Jr. ReviewingAssistant
Charles D. Mathews First Assistant
BA:mw 

# By.

4i!!i%k&

Assistant