Texas § 58.305 DISTRIBUTION OF ASSESSMENT.

Texas Statutes

§ 58.305 — DISTRIBUTION OF ASSESSMENT.

Texas § 58.305

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Bluebook

Tex. Water Code Code Ann. § 58.305 (2026).

Text

Sec. 58.305. DISTRIBUTION OF ASSESSMENT.

(a)The board by order shall allocate a portion of the estimated maintenance and operating expenses that shall be paid by assessment against all land in the district to which the district can furnish irrigation water through its water delivery system or through an extension of its water delivery system. This assessment shall be levied against all irrigable land in the district on a per acre basis, whether or not the land is actually irrigated.

(b)The board shall determine from year to year the proportionate amount of the expenses which will be borne by all water users receiving water delivery from the district.

(c)The remainder of the estimated expenses shall be paid by charges, fees, rentals, or deposits required of persons in the district who us

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Sec. 58.305. DISTRIBUTION OF ASSESSMENT. (a) The board by order shall allocate a portion of the estimated maintenance and operating expenses that shall be paid by assessment against all land in the district to which the district can furnish irrigation water through its water delivery system or through an extension of its water delivery system. This assessment shall be levied against all irrigable land in the district on a per acre basis, whether or not the land is actually irrigated.
(b) The board shall determine from year to year the proportionate amount of the expenses which will be borne by all water users receiving water delivery from the district.
(c) The remainder of the estimated expenses shall be paid by charges, fees, rentals, or deposits required of persons in the district who use or who make application to use water and other charges approved by the board. The board shall prorate the remainder among the applicants for irrigation water and may consider:
(1) the acreage each applicant will plant, the crop the applicant will grow, and the amount of water per acre used for irrigation purposes; and
(2) other factors deemed appropriate by the board with respect to water used for other nonirrigation uses.
(d) A landowner of irrigable land in the district or a user of water delivered by the district for any purpose other than irrigation who disputes all or a part of a board order that determines the amount of an assessment, charge, fee, rental, or deposit may file a petition under Section 11.041 . That petition filed with the commission is the sole remedy available to a landowner or user of water described by this subsection.

Juana Herrera, Jose Lopez-Torres, Blanca Martinez, Juan Zamora, San Juanita Sosa, America Rios, Ruth Garza, Angel Perez Alanis, Juan Trevino, Maria Margarita Martinez, and the Association of the Hoehn Subdivision v. Estella Mata, in Her Official Capacity, Robert L. Bell, in His Official Capacity, Tomas Garcia, in His Official Capacity, Mark J. Fryer, in His Official Capacity, William Davis, in His Official Capacity, Cosme Martinez, in His Official Capacity, and Hidalgo County Irrigation District No. 1

(Court of Appeals of Texas, 2023)

Harlingen Irrigation District Cameron County No. 1 v. Caprock Communications Corp.

(Court of Appeals of Texas, 2001)

Legislative History

Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff. Aug. 29, 1977. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 90 (S.B. 611 ), Sec. 31, eff. September 1, 2013.