TEIEAYITORNEY GENERAL
QP TEXAS
Mr. Joe D. Carter, Chairman Opinion No. C- 3
Texas Water Commission
P. 0. BOX 2311 Re: Payment for certain maps
Capitol Station and ae:rialphotographs by
Austin 11, Texas the Texas Water Commission
to be used as evidence in
Cause No. B-20,576--State
of Texas, et al v. Hidalgo
County Water Control and
Improvement District No.
18, et al, in the District
Court of Hidalgo County,
Dear Mr. Carter: Texas.
You have requested an opinion on the above s;ibject
matter. Your question concerns whether Item 14 of the ap-
propriation to the Texas Water Commission, contained in Senate
Bill 1, Acts of the 57th Legislature, First Called Session,
1961 (General Appropriation Act), may be expended for the pur-
pose of acquiring necessary maps and aerial photographs to be
used as evidence by the Texas Vater Commission in Cause No.
B-20,576--the State of Texas, et al v. Hidalgo County Wate:r
Control and Improvement District No. 18, et al, in the District
Court of Hidalgo County, Texas, p3rd Judicial District. A
part of the relief prayed for by the State of Texas seeks
cancellation of certain alleged water rights and it has been
determined by the Texas "ater Commission and the Attorney Gen-
eral's office that the above referred to maps and aerial photo-
graphs constitute evidence necessary for the proper preparation
of this cause.
Item 14 of the appropriation to the Texas Ij!ater
Commission reads as follows:
"For the Years Ending
August 31, August 31,
1962 1963
"14. For expense of cancel-
lations, notices, in-
cluding advertising,
nostage, fees, and other
costs 15,000 U.B."
-7-
Hon. Joe D. Carter, page 2 cc- 3 1
It is noted that the $15,000 appropriation contained
in Item 14 may be expended for any necessary expense involved
in cancellations of water rights. It is further noted that
such appropriation is not limited to expense involved in an
administrative proceeding but includes expense involved in
cancellation whether by an administrative proceeding or a
judicial proceeding.
Since it has been determined that the maps and
aerial photographs referred to in your request are necessary
to the proper preparation of a case seeking certain cancel-
lations, you are advised that Item 14 may be expended for
such purpose.
SUMMARY
Item 14 of the appropriation to the Texas
Water Commission appropriated for the purpose
of paying "expense of cancellations" may be
expended for the purpose of acquiring certain'
maps and aerial photographs necessary in the
preparation of a trial of a case wherein can-
cellation of water rights is sought by the Texas
Water Commission.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
JR:ms:mkh Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Ben Harrison
Tom Peterson
Arthur Sandlin
Grady Chandler
APPRGVED: APPROVED:
Waggoner Carr Stanton Stone
Attorney General Executive Assistant