Tex. Spec. Dist. Local Laws Code Section 8511.0302
Control and Use of Waters


(a)

The authority may exercise power over the storm water and floodwater of the Nueces River Basin.

(b)

The authority may exercise the powers of control and use of this 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 Nueces River Basin as a unit;

(2)

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

(3)

to provide for conserving storm water, floodwater, and unappropriated flow water of the Nueces River Basin, including the storage, control, transportation, treatment, and distribution of that water, and the prevention of the escape of any of that 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 Nueces River Basin from uncontrolled floodwater;

(6)

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

(7)

to provide for the irrigation of land in the Nueces River Basin where irrigation is required for agricultural purposes or may be 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 Nueces River and its tributary streams needing drainage for profitable agricultural and livestock production and industrial activities and the drainage of other land in the authority’s watershed area requiring drainage 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 may be authorized by the commission in the development of commercial and industrial enterprises in all sections of the authority’s watershed area;

(12)

to provide for the control, storage, and use of storm water, floodwater, and unappropriated flow water in the development and distribution of hydroelectric power, if that use may be economically coordinated with other and superior uses and subordinated to the uses declared by law to be superior; and

(13)

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 statutes.

(c)

The authority may:

(1)

control, store, and preserve the water of the Nueces River and its tributaries inside the authority’s boundaries for a useful purpose;

(2)

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

(3)

acquire water and water rights inside and outside the authority.

(d)

All plans and works provided by the authority and all works that may be provided under the authority’s authorization should have primary regard to the necessity and potential needs for water by or in the respective areas constituting the watershed of the Nueces River and its tributary streams.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.

Source: Section 8511.0302 — Control and Use of Waters, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­8511.­htm#8511.­0302 (accessed May 18, 2024).

8511.0101
Definitions
8511.0102
Nature of Authority
8511.0103
Purpose of Chapter
8511.0104
Review Schedule Under Sunset Act
8511.0105
Territory
8511.0106
Liberal Construction of Chapter
8511.0201
Membership of Board
8511.0202
Terms
8511.0203
Removal
8511.0204
Vacancy
8511.0205
Bylaws
8511.0206
Bond Requirement for Directors
8511.0207
Compensation of Directors
8511.0208
Officers
8511.0209
Committees
8511.0210
Executive Director
8511.0211
Director Training Program
8511.0212
Interest in Contract
8511.0213
Separation of Policymaking and Management Functions
8511.0214
Public Testimony
8511.0215
Directors’ and Employees’ Fidelity Bonds
8511.0216
Authority’s Office
8511.0217
Complaints
8511.0218
Alternative Dispute Resolution Procedures
8511.0219
Five-year Strategic Plan
8511.0301
General Powers and Duties
8511.0302
Control and Use of Waters
8511.0303
Use of Bed and Banks of Nueces River and Its Tributaries
8511.0304
Master Plan
8511.0305
Water Conservation Program
8511.0306
Forestation and Reforestation
8511.0307
Groundwater
8511.0308
Water Quality Control
8511.0309
Solid Waste Services
8511.0310
Applicability of Certain Environmental Laws
8511.0311
Parks and Recreational Facilities
8511.0312
Permits and Licenses
8511.0313
Service Contracts and Charges
8511.0314
Use of Revenue and Property
8511.0315
Acquisition, Maintenance, and Operation of Property
8511.0316
Acquisition, Construction, Maintenance, and Operation of Facilities
8511.0317
Eminent Domain
8511.0318
Cost of Relocating or Altering Property
8511.0319
Disposition of Property
8511.0320
General Contract Powers
8511.0321
Award of Certain Contracts
8511.0322
Construction Contracts: Payment
8511.0323
Conflict of Interest in Certain Contracts
8511.0324
Surveys and Engineering Investigations
8511.0325
Plans
8511.0326
Access to Authority Property
8511.0327
Limitations on Powers and Duties
8511.0401
Adoption and Enforcement of Rules
8511.0402
Civil Penalty
8511.0403
Court Review
8511.0501
Disbursement of Money
8511.0502
Accounts, Contracts, and Other Records
8511.0503
Fees and Charges
8511.0504
Trust Money
8511.0505
Depository
8511.0506
Investment of Authority Money
8511.0507
Fiscal Year
8511.0508
Audit
8511.0601
Maintenance and Administration Tax
8511.0602
Election for Ad Valorem Tax or Bonds Payable from Ad Valorem Taxes
8511.0603
Assessment and Collection of Taxes
8511.0604
Maximum Tax Rate
8511.0605
Powers Relating to Improvements Peculiar to Defined Area
8511.0701
Borrowing Money
8511.0702
Power to Apply for Money for Engineering Surveys, Information Compilation and Collection, and Other Purposes
8511.0703
Power to Issue Bonds
8511.0704
Form of Bonds
8511.0705
Maturity
8511.0706
Election for Bonds Payable from Ad Valorem Taxes
8511.0707
Trust Indenture
8511.0708
Additional Bonds
8511.0709
Additional Provisions in Resolution Authorizing Bonds or Trust Indenture
8511.0710
Refunding Bonds

Accessed:
May 18, 2024

§ 8511.0302’s source at texas​.gov