Tex. Codes » Water Code · TITLE 4. GENERAL LAW DISTRICTS · CHAPTER 51. WATER CONTROL AND IMPROVEMENT DISTRICTS
Texas Codes

Tex. Water Code § 51.011 (2026)

Creation Of District

✓ current as of May 2026
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Sec. 51.011. CREATION OF DISTRICT. A water control and improvement district may be created under and subject to the authority, conditions, and restrictions of either Article III, Section 52, of the Texas Constitution, or Article XVI, Section 59, of the Texas Constitution.

Acts 1971, 62nd Leg., p. 110, ch. 58, Sec. 1, eff. Aug. 30, 1971.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1995–2022 · leading case: Tarrant Reg'l Water Dist. v. Gragg, 43 S.W.3d 609 (Tex. App. 2001).
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Tarrant Reg'l Water Dist. v. Gragg, 43 S.W.3d 609 (Tex. App. 2001). “The applicable elements and standard of review for such a claim are well settled.”
Harris Cnty. Water Control & Improvement Dist. 99 v. Duke, 59 S.W.3d 333 (Tex. App. 2001). “Tex. WateR Code Ann. §§ 51.011 , 51.012 (Vernon 2000).”
Bennett v. Tarrant Cnty. Water Control & Improvement Dist. No. One, 894 S.W.2d 441 (Tex. App. 1995). “10 In keeping with the common law, the TTCA’s applicability is determined in large part on the function of the governmental unit as either “proprietary” or “governmental.” 11 The Water District, as a water control and improvement district, is a political subdivision created…”
Fisher v. Church & Akin, L.L.C., 442 S.W.3d 414 (Tex. App. 2012). “See also Tex Water Code Ann. § 51.011 (West 2008).”
Bennett v. Tarrant Cty Water Control, 894 S.W.2d 441 (Tex. App. 1995). “[10] In keeping with the common law, the TTCA's applicability is determined in large part on the function of the governmental unit as either "proprietary" or "governmental." [11] The Water District, as a water control and improvement district, is a political subdivision created…”
Cent. States Water Resources, Inc. v. Terra Sw., Inc. (Tex. App. 2022). “” Tex. Water Code Ann. § 51.011 . Conservation districts are considered governmental agencies.”
Tommy Fisher, in His Off. Capacity as President of the Bd. of Directors of Lubbock Cnty. Water Control & Improvement Dist. & Lubbock Cnty. Water Control & Improvement Dist. v. Church & Akin, L.L.C., a Texas Ltd. Liab. Co. (Tex. App. 2012). “See also TEX. W ATER CODE ANN. § 51.011 (W EST 2008).”
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