(a) A district may develop and maintain recreational facilities on a site acquired for the purpose of developing water, sewer, or drainage facilities.
(b) A district is not required to prorate the costs of a site described by Subsection (a) between the primary water, sewer, or drainage purpose and any secondary recreational facilities purpose if a licensed professional engineer certifies that the site is reasonably sized for the intended water, sewer, or drainage purpose.

Terms Used In Texas Water Code 49.4641

  • District: means any district or authority created by authority of either Sections Texas Water Code 49.001
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: means real and personal property. See Texas Government Code 311.005

(c) The engineer may consider the following factors in determining the reasonableness of the size of a water, sewer, or drainage site:
(1) the rules, regulations, and design guidelines or criteria of a municipality, county, or other entity exercising jurisdiction;
(2) sound engineering principles;
(3) the impact on adjoining property;
(4) the availability of sites that meet the requirements for the proposed use;
(5) requirements for sanitary control;
(6) the need for a buffer zone to mitigate noise or for aesthetic purposes;
(7) benefits to storm water quality; and
(8) anticipated expansions of facilities resulting from:
(A) future growth and demand for district facilities; or
(B) changes in regulatory requirements.

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