Untitled Texas Attorney General Opinion ( 1951 )

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