HonorableC: S, Clark Chairman,Board of Water Engineers AustFn,Texas
. Dsar,Sir: opinionNO. b-5938
Re: Does Article78%3(A) V.A.C.S.,contemplatethat. a Waster Di6trlctmay be createdso as to,embracein its,boundaries existing water controland improve- ment dlstrict~and fresh water iupply asitrictq ana also addltlonal,territory not b any pranieed district? And related questions.
We acknowledgereceiptof your requestfor an opinionon a number of questionspertainingto the authorityof the Board of Water Engineersto createHarris CouutyWater Controland ImprovementMaster D+trict No. 1. We have been furnishedwith Briefs on the questionsby Judge James V. Allred of Houstonaud HonorableJ. E. Sturrock,Statisticianof your Board, aud by HonorableC. D. Jessup of Houston. We have given carefulconsideration to the argumentsfor the proponentsand opponentsof this proposedDistrictand we agree with both in some instancesand disagreewith both in others,but in view of thefact that we have determinedto answer questionsnumberedone and two as hereafterindicatedwe deem it unnecessaryat this time to answer the other questionssubmittedby you.
Since,as statedby you, this is the first petitionfor the creation of a master districtwhich has been submittedto your Board, there have been no adjudicatedcases dealingwith the subject. We think that Mr. Sturrock has answeredquestiousone and two in accordancewith our views and we are thereforetakingthe libertyof quotingextepsivelyfrom his Brief.
The law is well settledthat in construinga statutethe Legislative intent is given primary consideration.Iu 39 Tex. Jur. #pO, page 166,,it is said that:
"The intentionof the Legislaturein enactinga law is the law itself; 'the essenceof the law', and 'the spiritwhich gives life' to the enactment. Hence,the aim and objectof construction HonorableC. S. Clark,Page 2 (O-5938)
ie to ascertainand enforcethe ~egialativeintent,and not to defeat,nullifyor thwart It".
"When the intent is plainlyexpressedin languageof a statute,it must be given effectwithoutattemptingto construe or interpretthe law. On the other hand, when it is necessary to construean act in order to determinsits propermeaning.it is settledby a host of decisionsthat the co&t-should f& endeavorto ascertainthe leglrlativeintent,from a general view of the whole enactment. Such @tent havingbeen aacer- tained,the court will then seek to construethe statuteso as to give effectto the purposeof the legislature,as to the whole and each materialpart of the law, even thoughthis may mve a departurefrom the strictletter of the law as writ- ten by the Legislature.
"This la the fundamentalcapon and the cardinal,primary and paramountrule of con+-uctlon,which shouldalwaysbe closelyobservedand to which all other rules must yield. In- deed, In the conrrtruction of civil enactments,the courtsare expresslyconvaanded to 'lookd1~igentl.y~for the intentionof the Legislature,keepingin view at ali times the old law, the evil, and the remedy." (Underscoring ours). See Article10 V.A.C.S.
Keepingin mfnd the above quoted "fundamentalcanon and ths cardi- nal, primaryand paramountruben of statutoryConstNction,we wU.l discuss questionsnumbersone and two.
QuestionNo. 1
"DoesArticle7880-3 (a) V.A.C.S.,contemplatethat a Master Districtmay be created60 as to embracein its bouud- aries existingwater controland improvementdistrictsand fresh water supplydistrictsand also additionalterritory not in any organizeddistrict?"
Article7880-3, V.A.C.S.,is section3 of Chapter25, GeneralLaws of the RegularSessionof the 39th Legislature,1925, as amended. 0riginall.y section3 read as follows:
"Sec. 3. Water controland improvementdistrictsmay be organizedunder the provisionsof Section59 of Article 16 of the Constitutionfor any one or more of the purposes thereinprovidedas follows:
"Includingthe control,storing,preservationand 131s: