Brazos River Conservation & Reclamation District v. McCraw

91 S.W.2d 665, 126 Tex. 506, 1936 Tex. LEXIS 249
CourtTexas Supreme Court
DecidedFebruary 5, 1936
DocketNo. 7021.
StatusPublished
Cited by66 cases

This text of 91 S.W.2d 665 (Brazos River Conservation & Reclamation District v. McCraw) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brazos River Conservation & Reclamation District v. McCraw, 91 S.W.2d 665, 126 Tex. 506, 1936 Tex. LEXIS 249 (Tex. 1936).

Opinion

Mr. Chief Justice CURETON

delivered the opinion of the court.

This is an original proceeding brought by the Relator against the Attorney General for writ of mandamus directing that officer to approve proposed bonds of the District in the sum of $3,600,000.00 as provided by law. The District was created by Chapter 13, Local and Special Laws of the Forty-first Legislature, Second Called Session, and became effective October 2, 1929. There are subsequent acts touching the subject matter of this proceeding, but Chapter 368, General and Special Laws of the First Called Session of the Forty-fourth Legislature, sometimes referred to as Senate Bill No. 3, effective September 23, 1935, is the principal one here involved.The District was created and its powers defined by the acts to which we have made reference, which in turn find their sanction primarily in Section 59, Article XVI, of the Constitution, known generally as the Conservation Amendment, adopted in 1917, copied in full in the footnotes to this opinion. 1

The Act creating the District, as amended by Chapter 19, General Laws of the Forty-fourth Legislature, states in detail its object and purposes, all of which are consistent with the Conservation Amendment. This specification reads as follows:

*509 “Sec. 3. The Brazos River Conservation and Reclamation District shall have and be recognized to exercise, in addition to all the general powers vested by virtue of the constitution and statutes in a governmental agency and body politic and corporate, for the greatest practicable measure of the conservation and beneficial utilization of storm, flood and unappropriated flow waters, the powers of control and employment of such flood, storm and unappropriated flow waters of said district in the manner and for the particular purposes hereinafter set forth.
“(a) To provide through the only practical and legal means for the control and the coordination of the regulation of the waters of the watershed of the Brazos River and its tributary streams as a unit.
“(b) To provide by adequate organization and administration for the preservation of the equitable rights of the people of the different sections of the watershed area in the beneficial use of storm, flood and unappropriated flow waters of the Brazos River and its tributary streams.
“(c) For storing, controlling and conserving storm, flood and unappropriated flow waters of the Brazos River and its tributaries, and the prevention of the escape of any of such waters without the maximum of public service; for the prevention of devastation of lands from recurrent overflows, and the protection of life and property in such watershed area from uncontrolled flood waters.
“(d) For the conservation of waters essential for the domestic uses of the people of the watershed of the Brazos *510 River and its-tributaries, including all necessary water supplies for cities and towns.
“(e) For the irrigation of lands in the watershed of the Brazos River and its tributary streams where irrigation is required for agricultural purposes or may be deemed helpful to more profitable agricultural production; and for the equitable distribution of storm, flood and unappropriated flow waters to the regional potential requirements for all uses. All plans' and all works provided by said districts, and as well, all works which may be provided under authority of said district should have primary regard to the necessary and potential needs for water, by or within the respective areas constituting the watershed of the Brazos River and its tributary streams.
“(f) For the better encouragement and development of drainage systems and provisions for drainage of lands in the valleys of the Brazos River and its tributary streams needing drainage for profitable argricultural production; and drainage for other lands in the watershed area of the district requiring drainage for the most advantageous use.
“(g) For the purpose of conservation of all soils against destructive erosion and thereby preventing the increased flood menace incident thereto.
“(h) To control and make available for employment flood, storm and unappropriated flow waters in the development of commercial and industrial enterprises in all sections of the watershed area of the district.
“(i) For the control, storing and employment of flood, storm and unappropriated flow waters in the development and distribution of hydro-electric power, where use may be economically coordinated with other and superior uses, and subordinated to the uses declared by law to be superior.
“ (j) And for each and every purpose for which flood, storm and unappropriated flow waters when controlled and conserved may be utilized in the performance of a useful service as contemplated and authorized by the provisions of the Constitution and the public policy therein declared.
“(k) Nothing in this Act shall affect or repeal Articles 7496, 7500A of 1925 Revised Statutes or Article 7471 Revised Statutes of 1925 as amended by Chapter 128 Acts of the Regular Session of the 42nd Legislature.”

Section 5 of the original Act creating the District defined the boundaries of the District, which was established “to comprise the whole of all counties lying wholly or in part in the watershed of the Brazos River and its tributary streams” *511 as the same was shown on the official contour maps then on file in the office of the State Board of Water Engineers. It was provided in this section that the Board of Water Engineers should, after the passage of the Act, determine the actual boundaries of the area within the watershed so that the same could be expressed in written calls for metes and bounds, etc. This feature of the organization of the District, as well as all others, has been complied with in accordance with the law. The map accompanying this opinion shows the location and a

general outline of the boundaries of the District, being the territory between the heavy dark lines and designated “Brazos River Watershed.” The map is attached only for the purpose of showing in a general way the size and location of the District in relation to the State at large, and not its actual -boundaries on the ground as they may relate to any particular tract of land. An examination of the map discloses that the *512 District begins on the high plains and runs substantially from Parmer, Bailey and Cochran Counties at the west boundary of Texas in a southeasterly direction to Brazoria County on the Gulf of Mexico, containing within its boundaries 44,600 square miles, in all or a part of sixty-five counties through the approximate center of Texas. The names of the counties are given in the footnote below. 2

This Court on another occasion described the general physiographic aspects of this State as related to its river systems.

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Bluebook (online)
91 S.W.2d 665, 126 Tex. 506, 1936 Tex. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brazos-river-conservation-reclamation-district-v-mccraw-tex-1936.