Tex. Spec. Dist. Local Laws Code Section 8508.0104
Control and Use of Waters


(a)

The authority may exercise power over the storm water and floodwater of the basin.

(b)

The authority may exercise the powers of control and use of the state’s water in the following manner and for the following purposes:

(1)

to provide for the control and coordination of water use in the basin as a unit;

(2)

to provide by adequate organization and administration for the preservation of the rights of the people of the different sections of the basin in the beneficial use of water;

(3)

to provide for conserving storm water, floodwater, and the unappropriated flow of the basin, including the storage, control, transportation, treatment, and distribution of that water, and the prevention of the escape of water without the maximum of public service;

(4)

to provide for the prevention of the devastation of land from recurrent overflows;

(5)

to provide for the protection of life and property in the basin from uncontrolled floodwater;

(6)

to provide for the conservation of water essential for domestic and other water uses of the people of the basin, including necessary water supplies for municipalities and industrial districts;

(7)

to provide for the irrigation of land in the basin where irrigation is required for agricultural purposes or is considered helpful to more profitable agricultural production;

(8)

to provide for the equitable distribution of storm water, floodwater, and unappropriated flow water to meet the regional potential requirements for all uses;

(9)

to provide for the encouragement and development of drainage systems and provisions for the drainage of land in the valleys of the basin needing drainage for profitable agricultural and livestock production and industrial activities, and other drainage of land for the most advantageous use;

(10)

to provide for the conservation of soil against destructive erosion to prevent the increased flood menace incident to erosion;

(11)

to control and make available for use storm water, floodwater, and unappropriated flow water as authorized by the commission in the development of commercial and industrial enterprises in all sections of the watershed area of the authority;

(12)

to provide for each purpose and use for which storm water, floodwater, and unappropriated flow water when controlled and conserved may be used in the performance of a useful service as contemplated and authorized by the provisions of the constitution and laws of this state;

(13)

to control, store, and preserve the water of the basin inside the authority for any useful purpose;

(14)

to use, distribute, and sell water for any beneficial purpose inside and outside the authority; and

(15)

to acquire water and water rights inside and outside the authority.

(c)

The plans and works provided by the authority or under the power of the authority should give primary consideration to the necessary and potential needs for water by or in the various areas in the watershed of the basin.
Added by Acts 2019, 86th Leg., R.S., Ch. 468 (H.B. 4172), Sec. 1.03, eff. April 1, 2021.

Source: Section 8508.0104 — Control and Use of Waters, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­8508.­htm#8508.­0104 (accessed Jun. 5, 2024).

8508.0001
Definitions
8508.0002
Nature of Authority
8508.0003
Purpose of Chapter
8508.0004
Finding of Benefit
8508.0005
Review Schedule Under Sunset Act
8508.0006
Territory
8508.0007
Liberal Construction of Chapter
8508.0051
Membership of Board
8508.0052
Terms
8508.0053
Removal
8508.0054
Vacancy
8508.0055
Bond Requirement for Directors
8508.0056
Compensation of Directors
8508.0057
Officers
8508.0058
Director Training Program
8508.0059
Interest in Contract
8508.0060
Committees
8508.0061
Executive Director
8508.0062
Separation of Policymaking and Management Functions
8508.0063
Directors’ and Employees’ Fidelity Bonds
8508.0064
Authority’s Office
8508.0065
Negotiated Rulemaking and Alternative Dispute Resolution
8508.0066
Complaints
8508.0101
General Powers and Duties
8508.0102
Effect of Powers of Authority on Powers of Other Districts
8508.0103
General Powers Relating to Works and Water
8508.0104
Control and Use of Waters
8508.0105
Use of Beds and Banks of Sulphur River and Its Tributaries
8508.0106
Water Conservation Program
8508.0107
Groundwater
8508.0108
Applicability of Certain Environmental Laws
8508.0109
Permits and Licenses
8508.0110
Consultation with County Judge for Certain Proposed Projects
8508.0111
Service Contracts and Charges
8508.0112
Acquisition, Maintenance, and Operation of Property
8508.0113
Acquisition, Construction, Maintenance, and Operation of Facilities
8508.0114
Eminent Domain
8508.0115
Cost of Relocating or Altering Property
8508.0116
Sale, Lease, Exchange, or Other Disposition of Property
8508.0117
General Contract Powers
8508.0118
Power of Persons to Contract with Authority
8508.0119
Award of Certain Contracts
8508.0120
Construction Contracts: Payment
8508.0121
Conflict of Interest in Contract
8508.0122
Surveys and Engineering Investigations
8508.0123
Plans
8508.0124
Access to Authority Property
8508.0125
Authority to Exercise Powers of Political Subdivisions Under Water Code
8508.0126
Limitations on Powers and Duties of Authority
8508.0127
Suits
8508.0151
Adoption and Enforcement of Rules
8508.0152
Civil Penalty
8508.0153
Court Review
8508.0201
Disbursement of Money
8508.0202
Accounts, Contracts, and Other Records
8508.0203
Fees and Charges
8508.0204
Trust Money
8508.0205
Taxes and Tax Debt Prohibited
8508.0206
Depository
8508.0207
Investment of Authority Money
8508.0208
Fiscal Year
8508.0209
Audit
8508.0251
Loans and Grants
8508.0252
Power to Apply for Money for Engineering Surveys, Data Compilation and Collection, and Other Purposes
8508.0253
Power to Issue Bonds or Other Obligations
8508.0254
Refunding Bonds
8508.0255
Form of Obligations
8508.0256
Maturity
8508.0257
Trust Indenture
8508.0258
Additional Obligations
8508.0259
Additional Provisions in Resolution Authorizing Obligations or Trust Indenture

Accessed:
Jun. 5, 2024

§ 8508.0104’s source at texas​.gov