Hon. H. Clyde McLendon Opinion No.v-n80
county Attorney
Zavala County Re: Legality of creating
Crystal City, Texas a water control and lm-
provement district com-
posed of 'Uvaldeand
Zavala Counties to con-
tract 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 constl-
tutlonal provisions,would It be lawful to
form or create a water control and lmprove-
ment district composed of the whole of
Uvalde and Zavala Counties for the purpose
of contractingwith a ralnmaking.companyto
increase the normal rainfall over said dls-
trlct, having the power to levy,arldcollect
a tax on all property in the dls~i3ct to pa7
the costs of the rain Increasingcontract?''
Section 59 of Article XVI, Constitutionof Texas,
provides:
"(a) The conservationand developmentof
all of the natural resources of this State,
Including the control, storing, preservation
and distributionof Its storm and flood wa-
ters, 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 reclamationand drainage of
Its over-flowed lands, and other lands need-
ing drainage, the conservationand develop-
ment of Its forests, water and hydra-electric
power, the navigation of Its Inland and coast-
al waters, and the preservationand conserva-
tion 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 appropriatethereto.
"(b) There may be created within the State
of Texas, or the State may be divided Into, such
number of conservationand reclamationdistricts
as may be determinedto be essential to the ac-
complishmentof the purposes of this amendment
to the constitution,which districts shall be
governmentalagencies and bodies politic and
corporatewith such powers of governmentand
with the authority to exercise such rights, prlv-
lleges and functions concerning the subject matter
of this amendment as may be conferredby law.
'"(c) The Legislatureshall authorize all
such indebtednessas may be necessary to pro-
vide all Improvementsand the maintenance there-
of requialte to the achievement of the purposes
of this amendment,and all such indebtedness
may be evidencedby bonds of such conservation
and reclamationdistricts, to be Issued under
such regulatlohsas may be prescribed by law
and shall also, authorize the levy and collec-
tion within such districts of all such taxes,
equitablydistributea,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 Indebtednessshall
be a lien upon the property assessed for the
payment thereof; provided the Legislatureshall
not authorize the Issuance of any bonds or pro-
vide for any Indebtednessagainst any reclama-
tlon district unless such proposition shall first
be submittedto the qualified property tax-pa lng
voters of such district and the propositiona?I opt-
ed."
Article 7880-3, V.C.S., provides In part:
"WaterControl and ImprovementDistricts
may be organizedunder the provisions of Sec-
tion 59, of Article 16 of the Constitutionfor
any one or more of the purposes therein provided
as follows:
189
Hon. R. Clyde McLendon,page 3 (V-1180)
"'Includingthe control, storing, pre-
servation and dl8trlbutlOn of Its waters and
flood waters, the waters of its rivers and
streams, for Irrigation,p.owerand all other
useful purposes, the reclamationand lrrlga-
tlon of Its arid, semi-aridand other lands
needing Irrigation,the reclamationand drain-
age, the conservationand development of Its
rorests, waters and hydra electric power, the
navigation of Its coastal and Inland waters,
and the preservationand conservationof 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
constltutlonalprovlslon. Therefore, It Is our opinion that
a water control and improvementdistrict may not be created
for the purpose of contractingwith a rain-making company
to increase the normal rainfall over such area.
SUMMARY
There la no statutory or conetltutlonal
authority for the creation of._
a water control
and Improvement district for tne purpose or
contractingwith a rain-makingcompany to
increase the normal rainfall over the dls-
trict.
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
By.
4i!!i%k&
Assistant
BA:mw
Untitled Texas Attorney General Opinion
Combined Opinion