Davidson v. Upton County Water Dist

In Davidson v. Upton County Water Dist., 624 S.W.2d 927 (Tex. App.--El Paso 1981, writ ref'd n.r.e.), property owners sought a hearing on exclusion from a water district based on the statutory language creating the water district. Id. at 929. The statue provided, in pertinent part, that "no territory shall be detached from the water district after the issuance of bonds." Id. at 930. The court noted that the legislature had fixed and determined the boundaries of the water district and had determined and found that all land included within the boundaries would benefit from the water district's projects. Id. at 931. The court also noted that the water district was created to serve a public use and benefit and no specific provision was made for any benefit hearing as to whether or not property should be excluded from the water district by reason of the fact that it may or may not have benefited specially or directly. Id.