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 constltutlonal provisions, 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 Increasing contract?' ' 

Section 59 of Article XVI, Constitution of Texas, 

provides: 

"(a) The conservation and development of 

all of the natural resources of this State, 

Including the control, storing, preservation 

and distribution of Its storm and flood waters, the waters of Its rivers and streams, 

for irrigation, power and all other useful 

purposes, the reclamation and Irrigation of 

Its arid, semi-arid and other lands needing 

\ Irrigation, the reclamation and drainage of 

Its over-flowed lands, 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 preservation and 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 Legislature shall pass all 

such laws as may be appropriate thereto. 

"(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 determined to 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 government and 

with the authority to exercise such rights, prlvlleges and functions concerning the subject matter 

of this amendment as may be conferred by law. 

'"(c) The Legislature shall authorize all 

such indebtedness as may be necessary to provide all Improvements and the maintenance thereof requialte to the achievement of 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 prescribed by law 

and shall also, authorize the levy and collection within such districts of all such taxes, 

equitably distributea, 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 Indebtedness shall 

be a lien upon the property assessed for the 

payment thereof; provided the Legislature shall 

not authorize the Issuance of any bonds or provide for any Indebtedness against any reclamatlon district unless such proposition shall first 

be submitted to the qualified property tax-pa 

?I 

lng 

voters of such district and the proposition a opted." 

Article 7880-3, V.C.S., provides In part: 

"Water Control and Improvement Districts 

may be organized under the provisions of Section 59, of Article 16 of the Constitution for 

any one or more of the purposes therein provided 

as follows: 
189 

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

"'Including the control, storing, preservation and dl8trlbutlOn of Its waters and 

flood waters, the waters of its rivers and 

streams, for Irrigation, p.ower and all other 

useful purposes, the reclamation and lrrlgatlon of Its arid, semi-arid and other lands 

needing Irrigation, the reclamation and drainage, the conservation and development of Its 

rorests, waters and hydra electric power, the 

navigation of Its coastal and Inland waters, 

and the preservation and conservation of all 

such natural resources of the State,'; . . .n 

Moisture ln the air does not appear to be a natural 

resource within 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 statutory or conetltutlonal 

of a water control ._ 

authority for the creation 

and Improvement district for tne purpose or 

contracting with a rain-making company 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. 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

BA:mw 

By. 4i!!i%k& 

Assistant