Untitled Texas Attorney General Opinion
GA-0961
Tex. Att'y Gen.Jul 2, 2012Background
- The Brazoria County Conservation and Reclamation District No. Three seeks authority to conduct works in another district's boundaries without interlocal agreement or permission.
- The District is a governmental agency created to reclaim and drain lands and to navigate inland/coastal waters within or adjacent to its boundaries, with power outwardly and inwardly described in the 1969 Act.
- Statutes grant broad authority to acquire land, operate works, and contract for use of facilities inside or beyond district boundaries to fulfill its purposes.
- General Water Code authority allows district directors and personnel to access land for purposes related to locating or constructing public works.
- If the District shares a watershed with another district and would construct in that shared watershed for public benefit, Water Code §56.144 may require an interlocal agreement or TCEQ approval before acting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the District act beyond its boundaries generally? | District has broad statutory powers inside and outside boundaries to fulfill its functions. | Authority exists but may be limited when shared watersheds require coordination. | Generally yes; interlocal may be required if watershed is shared. |
| Is an interlocal agreement required in a shared watershed? | Interlocal agreement not always necessary absent a specific shared-watershed plan. | Water Code §56.144 requires interlocal agreement or TCEQ approval for shared watershed projects. | Interlocal agreement or TCEQ approval required before exercising authority in a shared watershed. |
| Must the District follow its own rules or the other district's rules when working outside its boundaries? | Not addressed due to lack of project facts; general authority applies. | Outcome depends on project particulars; not determined here. | Not decided; depends on specific circumstances of the project. |
Key Cases Cited
- Tri-City Fresh Water Supply Dist. No.2 of Harris Cnty. v. Mann, 142 S.W.2d 945 (Tex. 1940) (statutory authority defines the limits of government powers)
- State ex rel. Grimes Cnty. Taxpayers Ass'n v. Tex. Mun. Power Agency, 565 S.W.2d 258 (Tex. Civ. App.-Hou. [1st Dist.] 1978) (legislature determines the geographic scope of a district's operation)