Water Control And Improvement Districts
Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement district
Water control and improvement district, director of, prohibited from serving as district employee in any capacity other than that of general manager|Common-law incompatibility prohibits director of water control and improvement district from serving as district employee in any capacity other than that of general manager
Position of general manager of a water district is not incompatible with the position of city manager|City manager of a home-rule city is not an officer within the common-law doctrine of incompatibility if he is subject to appointment and removal by city council|General manager of, not an officer|Conversion into a municipal utility district
Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filed
Water control and improvement district authority to regulate weed control and illegal dumping|Authority of district to regulate weed control and illegal dumping
Terms of office of Board of Directors of El Paso Water Control and Improvement District created by special law, governing law|Uniform election date, board of directors of El Paso Water Control and Improvement District should select under chapter 41 of Election Code|Acts of improperly elected directors, validity of
Right-of-way, water corporation may lay fixtures in county after notifying county but need not notify county before repairing existing fixtures; county may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, water corporation must obtain municipality's consent before laying water system pipes, mains, or conductors through municipal; municipality may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, district that is water corporation subject to chapter 402 of the Local Government Code must obtain municipality's consent before laying water system fixtures through municipal, but must only notify county before laying fixtures in county; co
Without evidence in the statutes of the Legislature's clear and unmistakable intent to preempt all local ordinances affecting dams, a court would likely conclude that a local regulation will be invalid only to the extent inconsistent with a state regulation.
Under Special District and Local Laws Code chapter 11001, Bastrop County has discretion about the standard it will utilize to approve Bastrop County Water Control and Improvement District No. 2 improvements, provided the standard is based on good engineering practices according to specified statutory considerations.
Water Code subsection 12.013(a) authorizes the Public Utility Commission to fix reasonable rates for the furnishing of raw or treated water for any purpose under Water Code chapter 11 or 12. Water Code section 51.305 pertains to specific expenses a water control and improvement district may allocate to certain users. The two provisions do not conflict. Under the plain terms of subsection 51.305(d), when an authorized party disputes a water control and improvement district’s allocation assessments and other payments necessary to cover the maintenance and operating expenses of its water delivery system, a petition filed with the Texas Commission on Environmental Quality is the sole remedy. Otherwise, the matter is before the Public Utility Commission.
As this office does not resolve factual questions in attorney general opinions, we cannot determine the nature of the underlying dispute and thus cannot answer your question about which entity may have exclusive jurisdiction to hear it.