Texas Session Law, 52nd Legislature
Excerpt from "Water Districts"
Title 128; Article 8280-144
Section 1
By virtue of Section 59 of Article XVI of the Constitution of Texas, there is hereby created a district to be known as the "Lower Rio Grande Authority," which shall be a governmental agency of the State of Texas and a body politic and corporate, with the powers of government and with authority to exercise the rights, privileges and functions hereinafter specified, the creation and establishment of such Authority being essential to the accomplishment of the purposes of Section 59 of Article XVI of the Constitution of Texas.
Section 8
The Authority shall have, and is hereby authorized to exercise the following powers, rights, privileges and functions:
(a) To control, store, preserve, use and distribute only the share of the waters of the Rio Grande belonging to the water users and districts who contract with the authority for any useful purpose in so far as authorized by contract with the respective water districts, water users and holders of riparian and appropriative water rights so to do.
(b) To drain and reclaim lands within the boundaries of the Authority, to develop drainage systems, and to make provision for the drainage of lands within the boundaries of the Authority to the end that such lands may be put to the most advantageous use in so far as authorized by contract with the respective water districts, water users and holders of riparian and appropriative water rights so to do.
(c) To protect lands within the boundaries of the Authority against flood and overflows.
(d) to develop and generate, or to otherwise acquire, electric power and to transmit, distribute and sell same within or without the boundaries of the Authority.
(e) To acquire by purchase, lease, gift or in any manner (otherwise than by condemnation) and to maintain, use and operate, any and all property of any kind, real, personal or mixed, or any interest therein, within or without the boundaries of the Authority, necessary or convenient to the exercise of the power, rights, privileges and functions possessed by the Authority.
(f) To acquire by condemnation any and all property of any kind, real, personal or mixed, or any interest therein, within or without the boundaries of the Authority necessary or convenient to the exercise of the powers, rights, privileges and functions possessed by the Authority, in the manner provided by general law with respect to condemnation, or, at the option of the Authority, in the manner provided by the Statutes relative to condemnation by districts organized pursuant to Section 59 of Article XVI of the Constitution of Texas. or, at the option of the Authority, in the manner provided under the general laws for the condemning by railroads of property for use as a right-of-way, provided that the Authority shall not have the power to condemn land used for parks, cemeteries, drain ditches, canals, and other works in actual use for irrigating lands, except that the right to cross such canals and drain ditches in a manner not to unreasonably interfere with them, may be condemned.
(g) To sell or otherwise dispose of any property of any kind, real, personal or mixed, or any interest therein, which shall not be necessary to the carrying on of the business of the Authority.
(h) To require the relocation of roads and highways in the manner and to the extent permitted to districts organized under general law pursuant to Section 59 of Article XVI of the Texas Constitution.
(i) To construct, extend, improve, maintain and reconstruct, to cause to be constructed, extended, improved, maintained and reconstructed, and to use and operate, any and all facilities of any kind necessary or convenient to the exercise of the powers, rights, privileges and functions possessed by the Authority.
(j) To make contracts and to execute all instruments necessary or convenient to the exercise of the powers, rights, privileges and functions of the Authority.
(k) To borrow money for its corporate purposes, and, without limitation of the generality of the foregoing, to borrow money and accept grants from the United States of America, or from any corporation or agency created or designated by the United States of America, and, in connection with such loan or grant, to enter into such arrangement with the United States of America, or such corporation or agency as the Authority may deem advisable.
(l) The Authority shall have the power to contract with the United States of America or any agency thereof, in so far as authorized by contract with the respective water districts, water users and holders of riparian and appropriative water rights so to do.
(m) To make and issue its negotiable bonds for moneys borrowed, in the manner and to the extent provided in this Act.
(n) To contract in any manner that it shall see fit with the State of Texas, or with any corporation or agency created or designated by the State, in connection with the issuance and sale of the bonds of the Authority, or in connection with the obtaining of any grant under the Constitution or Laws of this State.
(o) To sue and be sued in its corporate name.
(p) To adopt, use and alter a corporate seal.
(q) To make by-laws for the management and regulation of its affairs.
(r) To appoint officers, agents and employees, to prescribe their duties, to fix their compensation, and to provide for their removal.
(s) Anything in this Act to the contrary notwithstanding, the Authority is hereby vested with the power to carry out whatever legal powers it may be legally delegated or entrusted to perform by any district, private corporation, municipality or other political subdivision of the State, or a combination of the same, within its outer boundaries, the Authority being expressly empowered in such case to accomplish any purpose or objective set out in Contracts "A", "B" AND "C" which each of such districts, private corporations, municipalities, political subdivisions of the State could do individually or collectively.
(t) The Board of Directors of the Authority shall have the power to adopt and promulgate all reasonable regulations to secure, maintain and preserve the sanitary condition of all water in and to flow into any reservoir or canal owned or controlled or regulated by the District to prevent waste of water, or the unauthorized use thereof, to regulate residence, hunting, fishing, boating and camping and all other recreational and business privileges along or around any such reservoir or canal or any body of land or easement owned or controlled by the Authority. Among the powers to regulate such matters the Authority is given expressly all such powers as are vested in water control and improvement districts under the laws of the State of Texas.
(u) To do any and all other acts or things necessary or convenient to the exercise of the powers, rights, privileges and functions of the Authority.
Administrative Agent
Lower Rio Grande Valley Development Council, Kenneth N. Jones, Jr., Executive Director
311 N. 15th Street, McAllen TX 78501-4705; tel: 956.682.3481; fax: 956.631.4670
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