Untitled Texas Attorney General Opinion ( 1963 )

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