including any system necessary Mr. Joe Carter, page 3 (WW-506)
for the.transportationpof water'.fromstorage 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..suchpurpos,e~s,: or methods.u (Under- scoring 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'ameLegislatur8'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 con- stitu,tionalprovision~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~,.4OS-W, 26213,~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,..,thehistory of the timee out of which ,it~grew,,"andto which it . may be rationally eupp+red tobear taomedirect relationship, the .evile intended to be remedied, and the good to be~~accompliehed,are proper oub- jecte of inquiry.~~'~ Travelere"Inr. Co. v. War- shall, 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.onereflecting as it doee the longest drouth in the.recorded history of the State. De- ginning in 1951 ana continuing ,intoApril -'Way,.1957 the year8 of drouth were dieartrous,.;bitteralike to rural and metropoli- tan areas. They were year8 of physical and economic stress well calculated to implant 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 , AmendmAt into the ConstitutioA.
The question irrwheth&r.a filtration plant coAotitutiAg *an integral part of the entire water project* ie within the scope of the AmendmeAt? spirit tttta
When the'AmeAdment waSdrafted and at the time it wae voted upon, there exiated Texa8',lawon the treatment of water aAd the purity thereof. Tho8e .whodrafted the Amendment were bound to have had cognicance:'thereof;~thoeewho 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.