reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter B. Creation of District; Conversion of District › Section 58.042. Reservation of Certain Powers for Converted Districts

Sec. 58.042.  RESERVATION OF CERTAIN POWERS FOR CONVERTED DISTRICTS.  (a)  Any water improvement district or water control and improvement district, after conversion under Section 58.038 of this code, may continue to exercise all necessary specific powers under any specific conditions provided by the chapter of this code under which the district was operating before conversion, except that no district, after conversion, may engage in the treatment or delivery of treated water for domestic consumption or the construction, maintenance, or operation of sewage facilities.
(b)  At the time of making the order of conversion, the governing body shall specify in the order the specific provisions of the chapter of the code under which the district had been operating which are to be preserved and made applicable to the operations of the district after conversion into a district operating under this chapter.
(c)  A reservation of a former power under Subsection (a) of this section may be made only if this chapter does not make specific provision concerning a matter necessary to the effectual operation of the converted district.
(d)  In all cases in which this chapter does make specific provision, this chapter shall, after conversion, control the operations and procedure of the converted district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter C. Administrative Provisions › Section 58.071. Board of Directors

Sec. 58.071.  BOARD OF DIRECTORS.  The governing body of a district is the board of directors, which shall consist of five directors.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter C. Administrative Provisions › Section 58.072. Qualifications

Sec. 58.072.  QUALIFICATIONS.  To be qualified for election as a director, a person must be a resident of the state, be the owner of record of fee simple title to land in the district, be at least 18 years of age, and owe no delinquent taxes or assessments to the district.  Section 49.052 does not apply to a district governed by this chapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1995, 74th Leg., ch. 715, Sec. 32, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter C. Administrative Provisions › Section 58.0731. Election of Directors From Precincts

Sec. 58.0731.  ELECTION OF DIRECTORS FROM PRECINCTS.  A district that elected one director from each of five precincts before it converted to a district operating under this chapter shall continue to elect its directors in the same manner from precincts.
Added by Acts 1979, 66th Leg., p. 70, ch. 44, Sec. 1, eff. April 11, 1979.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter C. Administrative Provisions › Section 58.084. District Tax Assessor and Collector

Sec. 58.084.  DISTRICT TAX ASSESSOR AND COLLECTOR.  The board may appoint one person to the office of tax assessor and collector, or it may order an election to fill that office.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter C. Administrative Provisions › Section 58.089. Bonds of Officers of a District Acting as Fiscal Agent or Collecting Money for the United States

Sec. 58.089.  BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL AGENT OR COLLECTING MONEY FOR THE UNITED STATES.  (a)  If a district is appointed fiscal agent for the United States or if a district is authorized to make collections of money for the United States in connection with a federal reclamation project, each director and officer of the district including the tax assessor and collector shall execute an additional bond in the amount required by the Secretary of the Interior, conditioned on the faithful discharge of his respective office and on the faithful discharge by the district of its duties as fiscal or other agent of the United States under its appointment or authorization.
(b)  The additional bonds shall be approved, recorded, and filed as provided in this chapter for other official bonds.
(c)  Suit may be brought on the bonds by the United States or any person injured by the failure of the officers or directors of the district to fully, promptly, and completely perform their respective duties.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.121. Purposes of District

Sec. 58.121.  PURPOSES OF DISTRICT.  (a)  Irrigation districts operating under this chapter are limited purpose districts established primarily to deliver untreated water for irrigation and to provide for the drainage of lands and such other functions as are incidental to the accomplishment of such limited purposes.  An irrigation district shall not engage in the treatment or delivery of treated water for domestic consumption or the construction, maintenance, or operation of sewage facilities or provide any other similar municipal services.  An irrigation district may cooperate with the United States under the federal reclamation laws for the purpose of:
(1)  construction of irrigation and drainage facilities necessary to maintain the irrigability of the land;
(2)  purchase, extension, operation, or maintenance of constructed facilities;  or
(3)  assumption, as principal or guarantor of indebtedness to the United States on account of district lands.
(b)  An irrigation district operating under this chapter may contract with municipalities, political subdivisions, water supply corporations, or water users for the delivery of untreated water.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.122. Powers of District

Sec. 58.122.  POWERS OF DISTRICT.  The district has the functions, powers, authority, rights, and duties which will permit the accomplishment of the purposes for which it was created, including the investigation and, in case a plan for improvements is adopted, the construction, maintenance, and operation of necessary improvements, plants, works, and facilities, and the acquisition of water rights and all other properties, land, tenements, materials, borrow and waste ground, easements, rights-of-way, and everything considered necessary, incident, or helpful to accomplish by any practicable mechanical means any one or more of the objects authorized for the district, subject only to the restrictions imposed by the Constitutions of Texas or the United States.  A district also may acquire property deemed necessary for the extension or enlargement of the plant, works, improvements, or service of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.125. Construction of Improvements

Sec. 58.125.  CONSTRUCTION OF IMPROVEMENTS.  A district may construct all works and improvements necessary:
(1)  for the irrigation of land in the district;
(2)  for the drainage of land in the district, including drainage ditches or other facilities for drainage;  and
(3)  for the construction of levees to protect the land in the district from overflow.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.126. Purchase of Machinery and Supplies

Sec. 58.126.  PURCHASE OF MACHINERY AND SUPPLIES.  The board may purchase machinery, materials, and supplies needed in the construction, operation, maintenance, and repair of district improvements.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.127. Adopting Rules

Sec. 58.127.  ADOPTING RULES.  A district may adopt and make known reasonable rules to:
(1)  prevent waste or the unauthorized use of water;  and
(2)  regulate residence, hunting, fishing, boating, and camping, and all recreational and business privileges on any body or stream of water, or any body of land, or any easement owned or controlled by the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.128. Effect of Rules

Sec. 58.128.  EFFECT OF RULES.  After the required publication, rules adopted by the district under Section 58.127 of this code shall be recognized by the courts as if they were penal ordinances of a city.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.129. Publication of Rules

Sec. 58.129.  PUBLICATION OF RULES.  (a)  The board shall publish once a week for two consecutive weeks a substantive statement of the rules and the penalty for their violation in one or more newspapers with general circulation in the area in which the property of the district is located.
(b)  The substantive statement shall be as condensed as is possible to intelligently explain the purpose to be accomplished or the act forbidden by the rule.
(c)  The notice must advise that breach of the rules will subject the violator to a penalty and that the full text of the rules is on file with the principal office of the district where it may be read by any interested person.
(d)  Any number of rules may be included in one notice.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.130. Effective Date of Rules

Sec. 58.130.  EFFECTIVE DATE OF RULES.  The penalty for violation of a rule is not effective and enforceable until five days after the publication of the notice.  Five days after the publication, the published rules shall be in effect and ignorance of it is not a defense for a prosecution for the enforcement of the penalty.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.133. Constructing Bridges and Culverts Across and Over County and Public Roads

Sec. 58.133.  CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER COUNTY AND PUBLIC ROADS.  The district shall build necessary bridges and culverts across and over district canals, laterals, and ditches which cross county or public roads.  Funds of the district shall be used to construct the bridges and culverts.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.134. Constructing Culverts and Bridges Across and Under Railroad Tracks, Roadways, and Interurban or Street Railways

Sec. 58.134.  CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.  (a)  The district, at its own expense, may build necessary bridges and culverts across or under any railroad tracks or roadways of any railroad or any interurban or street railway to enable the district to construct and maintain any canal, lateral, ditch, or other improvement of the district.
(b)  Before the district builds a bridge or culvert, the board shall deliver written notice to the local agent, superintendent, roadmaster, or owner.  The railroad company or its owner shall have 60 days in which to build the bridge at its own expense and according to its own plans.
(c)  The canal, culvert, ditch, or structure shall be constructed of sufficient size and proper plan to serve the purpose for which it is intended.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.136. Power to Contract

Sec. 58.136.  POWER TO CONTRACT.  The district may enter into a contract for the use by another of its water, facilities, or service, either inside or outside the district, except that a contract may not be made which impairs the ability of the district to serve lawful demands for service within the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.150. Transactions in District Names Under Joint Ownership and Construction Contract

Sec. 58.150.  TRANSACTIONS IN DISTRICT NAMES UNDER JOINT OWNERSHIP AND CONSTRUCTION CONTRACT.  All bids, bonds, contracts, and other transactions made under a joint ownership and construction contract may be made in the names of the districts which are parties to the contract.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Sec. 58.153.  CONTRACT WITH THE UNITED STATES.  (a)  The board may enter into a contract or other obligation with the United States for the investigation, construction, extension, operation, and maintenance of any federal reclamation project of benefit to the district and authorized under the National Reclamation Act of 1902, as amended.
(b)  The board may contract to secure a district water supply from the federal reclamation project and to pay to the United States the agreed cost of it in the form of construction charges, operation and maintenance charges, and water rental charges, as shown by the contract and in accordance with the terms and conditions of the national reclamation law.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.154. Construction Charges Under a Contract With the United States

Sec. 58.154.  CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE UNITED STATES.  The construction charges under a contract with the United States may include the cost of drainage and flood-control works necessary to control floods or to maintain the irrigability of district land.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.155. Election to Approve a Contract With the United States

Sec. 58.155.  ELECTION TO APPROVE A CONTRACT WITH THE UNITED STATES.  (a)  The electors of the district shall vote to approve every contract involving the payment of construction charges to the United States.  The provisions of this chapter relating to the election to approve the validation of district bonds shall be followed, including the prosecution of an action in court to determine the validity of the contract.
(b)  The notice of election shall state the maximum amount, exclusive of operation and maintenance charges, water rental charges, interest, and penalties, payable by the district to the United States under the contract.
(c)  The ballot shall be printed to provide for voting for or against the proposition:  "The contract with the United States and levy of taxes to make payments under the contract".  This is the only proposition that may appear on the ballot.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.156. Conveying Property to the United States

Sec. 58.156.  CONVEYING PROPERTY TO THE UNITED STATES.  A district may convey any property to the United States necessary for the construction, operation, or maintenance of federal reclamation works used or to be used for the benefit of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.157. Consent of United States to Alter District's Boundaries

Sec. 58.157.  CONSENT OF UNITED STATES TO ALTER DISTRICT'S BOUNDARIES.  Until all money has been paid by the district which is due to the United States under a contract relating to a federal reclamation project, the United States must consent to any change in the boundaries of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.158. Taxes Levied by District Under Contract With the United States

Sec. 58.158.  TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE UNITED STATES.  (a)  A district that enters into a contract with the United States shall levy annually sufficient taxes to provide payment of all installments required by the contract.
(b)  The board may pay construction charges when provided by contract on the basis of the average gross annual acre income of the land of the district or designated divisions or subdivisions of the district.  The Secretary of the Interior shall determine the annual gross acre income.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.159. Assessments for Contracts With the United States

Sec. 58.159.  ASSESSMENTS FOR CONTRACTS WITH THE UNITED STATES.  The board shall levy annually sufficient assessments to collect the money required to pay all of the district's obligations in full when due regardless of any delinquency in payment of assessments by any tract of land.  If collections in any year are insufficient to pay the obligations of the district, the levy shall be increased sufficiently the following year to cover the deficit.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.160. Duration of Annual Levies for Contracts With the United States

Sec. 58.160.  DURATION OF ANNUAL LEVIES FOR CONTRACTS WITH THE UNITED STATES.  The board shall continue annual levies for payment of construction charges each year against each tract of land in the district even though construction charges apportioned against other tracts of land in the district may be paid sooner or later.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.161. Superiority of Lien to Secure Contract With the United States

Sec. 58.161.  SUPERIORITY OF LIEN TO SECURE CONTRACT WITH THE UNITED STATES.  The lien against district land created by a contract with the United States shall be superior to the lien created by any district bonds approved subsequent to the date of the contract with the United States.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.162. District's Authority to Solicit Cooperation, Donations, and Contributions From Other Agencies

Sec. 58.162.  DISTRICT'S AUTHORITY TO SOLICIT COOPERATION, DONATIONS, AND CONTRIBUTIONS FROM OTHER AGENCIES.  A district organized under the provisions of this chapter may solicit cooperation, donations and contributions from:
(1)  the United States, the state or nation;
(2)  any county, municipality, water improvement district, water control and improvement district, drainage district, or any other political subdivision of the state;  or
(3)  any person, copartnership, corporation, or association.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.163. Expense of Procuring Cooperation and Contributions From Other Agencies

Sec. 58.163.  EXPENSE OF PROCURING COOPERATION AND CONTRIBUTIONS FROM OTHER AGENCIES.  A district may incur reasonable expense to procure cooperation under Section 58.162 of this code in adding to the area of the district or with contributions to the cost of improvements made by the district.  The contributions may be either a percentage of cost or a definite annual sum.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.164. Authority of Contributor

Sec. 58.164.  AUTHORITY OF CONTRIBUTOR.  (a)  Any water improvement district, water control and improvement district, levee improvement district, irrigation district, county, city, town, or other political subdivision of the state may contract to contribute to the cost of the construction of drainage and irrigation water distribution system improvements.  The improvements to be constructed may be outside the contributing district, municipality, or other political subdivision of the state, and may be located outside the state or the United States.
(b)  The works may be constructed by any agency.
(c)  The contribution shall be proportionate to the benefit which the contributor will derive from the proposed improvements.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.165. Issuance of Bonds by Contributor

Sec. 58.165.  ISSUANCE OF BONDS BY CONTRIBUTOR.  (a)  The contract may provide for the issuance of bonds by the contributor and for direct payment from the proceeds of the bonds to contractors on the estimates of the engineer for the contributor.
(b)  Before issuing bonds, a contributing political subdivision shall submit the contract for contribution to its electors for approval and for authority to issue the bonds, fix a lien to secure the bonds, and levy, assess, and collect taxes to retire the bonds.  The procedure by a contributing political subdivision of the state shall conform to the applicable law under which the political subdivision was organized and authorized to create bonded indebtedness.
(c)  The disposition of the proceeds of the bond shall conform to the approved contract of contribution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.166. Annual Tax by Contributor

Sec. 58.166.  ANNUAL TAX BY CONTRIBUTOR.  (a)  The contract for contribution may provide that instead of issuing bonds the contributor may levy, assess, and collect an annual tax in a specific sum.  The levy or assessment is a lien on the property subject to the contributor's taxing power.
(b)  The contributor shall collect the tax at its own expense and pay it annually to the district to which the contribution is to be made.  The district shall hold the annual payment as a trust fund and annually apply it to the bonds issued by it to provide funds for the construction of the improvements to which the contribution is made.
(c)  The contributor shall submit the contract of contribution to its electors for approval and for authority to levy and assess a sufficient tax to meet the annual payments fixed in the contract.  The election for the approval of the contract and the authorized taxes for the fulfillment of the contract shall conform to appropriate law under which the contributing political subdivision was organized and authorized to create bonded indebtedness.
(d)  Payment of the annual sums of contribution shall conform to the contract of contribution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.167. Contributions From Unappropriated or Available Funds of Contributor

Sec. 58.167.  CONTRIBUTIONS FROM UNAPPROPRIATED OR AVAILABLE FUNDS OF CONTRIBUTOR.  (a)  If the proposed contributor has an unappropriated fund or a fund which is not required for actual use even though otherwise appropriated, the fund may be withdrawn from the project which does not need it and may be applied to pay contributions to the cost of the improvements considered to be a benefit to the contributor but to be constructed by another agency or jointly by the contributor and another agency.
(b)  The board of the contributing political subdivision may contract for contributions and contribute from an unappropriated or available fund without submitting the contract and contributions to a vote of the electors of the contributor.  However, the contributions shall not be made if they impair the ability of the contributor to meet any outstanding obligation or to adequately and economically discharge the contributor's duty to its electorate or constituency.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.168. Liability on Contracts of Acquired Irrigation System

Sec. 58.168.  LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION SYSTEM.  If a district acquires an established irrigation system which has contracted to supply water to others and the holders of the contracts or the lands entitled to service of water are not within the district, the contracts and duties shall be performed by the district in the same manner and to the same extent that any other purchaser of the system would be bound.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.170. Covenants and Agreements Included in Lease

Sec. 58.170.  COVENANTS AND AGREEMENTS INCLUDED IN LEASE.  (a)  The lease shall expressly state that the sums payable under the terms of the lease and the lease itself shall not constitute an indebtedness or pledge of the general credit of the district within the meaning of any constitutional or statutory limitation of indebtedness.  The lease shall contain a statement that payments due under it are not payable from any funds raised or to be raised by taxation.
(b)  The lease may contain covenants and agreements which are not inconsistent with the provisions of this code which authorize the lease for:
(1)  the management and operation of the leased properties;
(2)  the imposition and collection of charges for water;
(3)  the disposition of the proceeds of charges;
(4)  the insurance, protection, and maintenance of the leased properties;
(5)  the creation of other obligations payable from the revenues derived from the operation of the leased properties;
(6)  the keeping of books and records by the district;  and
(7)  other pertinent provisions which the board considers desirable to assure the payment of amounts due under the lease.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.171. Revenue for Payment of Lease Rental

Sec. 58.171.  REVENUE FOR PAYMENT OF LEASE RENTAL.  (a)  All money due the lessor under the lease shall be payable solely from the revenue derived by the district from the sale of water supplied through the leased system.
(b)  The board shall set and collect charges for the water supplied through the leased properties to produce sufficient revenue at all times to allow for delinquencies and to pay promptly all rental payments becoming due under the terms of the lease.  The board may agree to deposit this money in a separate fund as a first charge on the gross revenue received each year from sales of water, and which shall not be used for any other purpose.
(c)  The board may agree in the lease to pay all expenses of operating and maintaining the leased properties from the fund provided by the board each year for the maintenance and operation expenses of the district so that the gross revenue from sale of water will be available exclusively for payment of rentals until the amount required for rentals each year is paid into the separate rental fund.
(d)  If the board includes this agreement in the lease, the board shall provide for the payment of sums into the maintenance fund from sources other than the remaining portions of the gross revenue from the sale of water not required to pay rentals which are sufficient each year to pay all expenses of operating the district and maintaining and operating its properties and facilities, including the leased properties.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.172. Receiver for Leased Irrigation System

Sec. 58.172.  RECEIVER FOR LEASED IRRIGATION SYSTEM.  (a)  If the district defaults in the payments due under a lease, the lessor may petition a court of competent jurisdiction to appoint a receiver for the leased properties.
(b)  The receiver shall operate the properties and collect and distribute the revenue according to the terms of the lease and the direction of the court.
(c)  The receiver has the same rights and powers as the board in its operation of the leased properties.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.173. Joint Lease by Two or More Districts

Sec. 58.173.  JOINT LEASE BY TWO OR MORE DISTRICTS.  The boards of two or more districts may adopt resolutions to enter into a joint lease under the provisions of Section 58.169 of this code.  The joint lease shall specify clearly the respective rights and liabilities of the districts and shall be subject to all the provisions of Sections 58.169 and 58.172 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.174. Authority to Acquire Irrigation System Subject to Mortgage

Sec. 58.174.  AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT TO MORTGAGE.  A district may acquire by gift, grant, or purchase any part of an irrigation system serving the district which is subject to a mortgage or encumbrance.  The mortgage or encumbrances shall not be assumed by the district and shall not be an indebtedness of the district but shall constitute solely a charge on the encumbered property and the revenue from it.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.175. Revenue for Payment of Mortgage

Sec. 58.175.  REVENUE FOR PAYMENT OF MORTGAGE.  (a)  The board may determine conclusively by resolution whether the mortgage or encumbrance represents all or part of the cost of the acquired property and constitutes a purchase money lien on the property.
(b)  The board may contract to use and pledge its revenue derived solely from the sale of water and services supplied through the acquired properties for the payment of a purchase money lien.
(c)  The board also may use revenue from taxation or from the issuance and sale of bonds to pay all or part of the amount due under the encumbrance if a majority of the electors of the district voting at an election on this proposition approve its use.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.176. Election to Approve Revenue for Payment of Mortgage

Sec. 58.176.  ELECTION TO APPROVE REVENUE FOR PAYMENT OF MORTGAGE.  (a)  If tax and bond revenue is pledged to pay amount due under the encumbrance, the district must hold an election and receive the approval of the electors.
(b)  An election to approve the use of tax and bond revenue shall be held in the same manner and with the same voters' qualifications as provided for elections on the issuance of the bonds of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.177. Joint Acquisition of Mortgaged System by Two or More Districts

Sec. 58.177.  JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO OR MORE DISTRICTS.  (a)  Two or more districts jointly may acquire by gift, grant, or purchase any part of an irrigation system serving the districts subject to a mortgage or encumbrances in the same manner that a single district may acquire the system.
(b)  In the proceedings authorizing the acquisition, the boards of the respective districts shall define clearly the respective rights, interest, and liability of the districts in the acquired property and in the mortgage or encumbrance.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.178. Authority to Lease Facilities to Water Customers

Sec. 58.178.  AUTHORITY TO LEASE FACILITIES TO WATER CUSTOMERS.  (a)  A district may lease to any person, firm, or corporation which is a bona fide water customer of the district any of its facilities and may also lease any of the district's land which is appropriate to the utilization of the leased facilities, including, but not limited to land acquired by eminent domain.
(b)  The board and the lessee shall agree on the form of the lease and its terms, conditions, provisions, and stipulations:  however, the duration of the lease shall not be longer than the duration of the water contract between the district and the lessee under the primary term of the water contract and any renewal or extension of it.
(c)  After a lease to a water customer is authorized by the board, the lease shall be executed by the president or vice-president of the board and attested by the secretary.  The lease is valid and effective without any other requirement or prerequisite by the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.180. Amendments to Water Rights

Sec. 58.180.  AMENDMENTS TO WATER RIGHTS.  The board may apply to the commission to amend its water rights as provided by Section 11.122 of this code and the rules of the commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.181. Suit to Protect Water Rights

Sec. 58.181.  SUIT TO PROTECT WATER RIGHTS.  The board may institute and maintain any suit or suits to protect the water supply or other rights of the district, to prevent any unlawful interference with the water supply or other rights of the district, or to prevent a diversion of its water supply by others.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.182. Transfer of Water Right

Sec. 58.182.  TRANSFER OF WATER RIGHT.  If there is land in a district which has a water right from a source of supply acquired by the district but the land is difficult or impracticable to irrigate from that source of supply, the district may allow transfer of the water right to other land which is adjacent to the district.  The adjacent land may be admitted to the district with the same right of water service as the land from which the water was transferred.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.183. Selling Waterpower Privileges

Sec. 58.183.  SELLING WATERPOWER PRIVILEGES.  (a)  The district may enter into a contract to sell waterpower privileges if power can be generated from water flowing from the district's reservoirs within its canal system.
(b)  The sale of waterpower privileges may not interfere with the district's obligation to furnish an adequate supply of water for the purpose for which the district was organized and for municipal purposes in districts that furnish water for municipal purposes.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.184. Selling Surplus Water

Sec. 58.184.  SELLING SURPLUS WATER.  The district may sell any surplus district water for use in irrigation or for domestic or commercial uses to any person who owns or uses land in the vicinity of the district or to other districts which include land in the same vicinity.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.185. Pumping Water to Another District

Sec. 58.185.  PUMPING WATER TO ANOTHER DISTRICT.  If the board considers it advisable, it may contract to pump for or supply another district any water in which the other district has a right.  The board shall provide the terms of the contract.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.186. Obtaining Topographic Maps and Data

Sec. 58.186.  OBTAINING TOPOGRAPHIC MAPS AND DATA.  The Texas Water Development Board shall furnish to a district topographic maps and data concerning projects undertaken by the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 961, ch. 367, Sec. 1, eff. June 10, 1981;  Acts 1987, 70th Leg., ch. 977, Sec. 34, eff. June 19, 1987.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter D. Powers and Duties › Section 58.190. Sale of Property Not Acquired to Carry Out the Plans of the District

Sec. 58.190.  SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE PLANS OF THE DISTRICT.  The board may sell property bid in by it at any sale under foreclosure of its tax lien or of its lien for charges or assessments, or any property acquired by it other than for the purpose of carrying out the plans of the district, without formally determining that the property is not required to carry out the plans of the district, without giving notice of the intent of the district to sell the property, and without applying the proceeds of the sale as provided in Sections 58.188 and 58.189 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter E. Election Provisions › Section 58.221. Landowner

Sec. 58.221.  LANDOWNER.  In this subchapter, a reference to "landowner" refers to a single landowner who is the owner of record of fee simple title to a parcel of land located within the boundaries of a district, regardless of whether the title to the parcel of land is held by:
(1)  an individual landowner;
(2)  two or more individual landowners;  or
(3)  a corporation, partnership, or other business entity.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter E. Election Provisions › Section 58.222. Eligibility to Vote

Sec. 58.222.  ELIGIBILITY TO VOTE.  Notwithstanding the Election Code and any other law, a landowner or the landowner's registered representative under this subchapter is entitled to one vote in an election conducted by a district only if the landowner:
(1)  owns at least one acre of irrigable land located within the district's boundaries that is subject to an assessment for maintenance and operating expenses under Sections 58.305(a) and (b);
(2)  is entitled to receive and use irrigation water delivered by the district through the district's irrigation facilities;  and
(3)  satisfies all other requirements for voting prescribed by this subchapter.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter E. Election Provisions › Section 58.223. Eligibility Requirements

Sec. 58.223.  ELIGIBILITY REQUIREMENTS.  An individual landowner, or the landowner's registered representative, is eligible to vote only if the individual:
(1)  is 18 years of age or older;
(2)  is a United States citizen;
(3)  has not been determined mentally incompetent by a final judgment of a court;
(4)  has not been finally convicted of a felony or, if so convicted, has:
(A)  fully discharged the individual's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court;  or
(B)  been pardoned or otherwise released from the resulting disability to vote;  and
(5)  is included on the list of qualified voters prepared under Section 58.224(d).
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter E. Election Provisions › Section 58.224. Registration Required

Sec. 58.224.  REGISTRATION REQUIRED.  (a)  A landowner who elects to designate a representative to vote on behalf of the landowner must register the representative to vote on a form prescribed by the district.
(b)  The form must be received by the district on or before the 20th day before the date of the election.
(c)  The registration is valid for a period prescribed by the district.
(d)  The district shall prepare a list of qualified voters as shown by the district's records as of the 60th day before the date of a district election.  On or before the 40th day before the date of an election, the district shall:
(1)  file the list with the county clerk of each county within which the district's boundaries are located;
(2)  post the list in the district's office;  and
(3)  post the list at each county courthouse in each county within which the district's boundaries are located.
(e)  Only an individual landowner or a registered representative of a landowner whose name appears on the list of qualified voters is eligible to vote in a district election.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter E. Election Provisions › Section 58.225. Voting by Representative

Sec. 58.225.  VOTING BY REPRESENTATIVE.  (a)  A landowner may authorize an individual to vote in a district election as the landowner's representative as provided by this subchapter.
(b)  If ownership of the land is vested in more than one individual or in a corporation, partnership, or other business entity, the vote must be made by a registered representative.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter E. Election Provisions › Section 58.226. Liability for District Taxes and Debts

Sec. 58.226.  LIABILITY FOR DISTRICT TAXES AND DEBTS.  (a)  A person who on January 1 of each year is not eligible under this subchapter to vote in an election held by a district is not liable for any tax imposed by the district under Subchapters L or M during the year in which the person is not eligible to vote.
(b)  A person continues to be liable for the payment of:
(1)  taxes imposed before the date on which a person becomes ineligible to vote under this subchapter;
(2)  the pro rata share of any district indebtedness existing on the date on which a person becomes ineligible to vote under this subchapter;  and
(3)  taxes imposed during any year in which the person is eligible to vote under this subchapter.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 4 - General Law Districts › Chapter 58 - Irrigation Districts › Subchapter G. Water Charges and Assessments › Section 58.301. Statement Estimating Water Requirements and Payment of Charge

Sec. 58.301.  STATEMENT ESTIMATING WATER REQUIREMENTS AND PAYMENT OF CHARGE.  (a)  If required by the board, each person who desires to receive irrigation water at any time during the year shall furnish the secretary of the board a written statement of the acreage the person intends to irrigate and the different crops the person intends to plant with the acreage of each crop.
(b)  At the time the acreage estimate is furnished to the secretary, each person applying for water shall pay the portion of the water charge or assessment set by the board.
(c)  If a person does not furnish the statement of estimated acreage or does not pay the part of the water charge or assessment set by the board before the date for fixing the assessment, the district is not obligated to furnish water to that person during that year.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611), Sec. 27, eff. September 1, 2013.