After a district has let a contract for work which crosses or traverses a railway right-of-way and the actual construction is commenced, the engineer in charge of construction shall notify the railroad company of the probable time at which the contractor will be ready to enter upon the right-of-way of said road and construct the work thereon. It shall be the duty of the said railroad to send a representative to view the ground with the engineer and arrange the exact time at which such work can be most conveniently done. At the time agreed upon, the said railroad company shall remove its rails, ties, stringers and such other obstructions as may be necessary to permit the excavation or construction of the channel or other work of improvement across its right-of-way. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the said railroad. In case the railroad company refuses and fails to remove its track or tracks so as to permit the construction of the work on its right-of-way and the passage of the necessary equipment of the contractor, it shall be held as delaying the construction of the improvement, and such company shall be liable to a penalty of $100.00 per day for each day of delay to be collected by the board of water management commissioners for the benefit of the water management district as in case of other penalties. Such penalty may be recovered in any court of competent jurisdiction and shall inure to the benefit of the water management district. Within 30 days after work is completed, an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the engineer of the water management district. Such bills, however, shall not include the cost of constructing a new bridge or of strengthening or enlarging an old one except as provided in this article. The engineer shall audit this bill and, if found correct, approve the same and file it with the secretary of the board of water management commissioners who shall reimburse the said railroad company for such expense.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 9 - Water Management and Drainage.
Article 1 - Water Management Districts.
Section 9-9-4 - Who May Sign Petitions.
Section 9-9-5 - Establishment of District - Jurisdiction Generally; Purposes.
Section 9-9-8 - Establishment of District - Jurisdiction of Probate Court in Which Petition Filed.
Section 9-9-9 - Establishment of District - Notice of Filing of Petition and of Hearing.
Section 9-9-13 - Establishment of District - Effect of Order Establishing District.
Section 9-9-15 - Board of Water Management Commissioners - Powers and Duties Generally.
Section 9-9-16 - Board of Water Management Commissioners - Election of District Treasurer.
Section 9-9-17 - Board of Water Management Commissioners - Appointment, etc., of Fiscal Agent.
Section 9-9-19 - Compensation of District Officers and Employees.
Section 9-9-20 - Removal of Commissioners, Viewers or Other District Officers.
Section 9-9-21 - Right of Condemnation.
Section 9-9-24 - Procedure as to Proposed Improvement Crossing Railroad Right-of-Way.
Section 9-9-25 - Correction of Errors in or Amendments to Water Management Plan.
Section 9-9-27 - Viewing and Assessment of Lands by Board of Viewers; Report of Findings.
Section 9-9-28 - Notice of Hearing on Report of Board of Viewers.
Section 9-9-30 - Appeal From Confirmation of Board of Viewers' Report.
Section 9-9-33 - Collection of Taxes on Property Divided, Sold or Transferred.
Section 9-9-35 - Payment of Tax to District Treasurer - Required; Records.
Section 9-9-37 - Bonds - Issuance.
Section 9-9-38 - Bonds - Sale; Disposition of Proceeds, Etc.
Section 9-9-39 - Bonds - Payment of Principal and Interest.
Section 9-9-40 - Bonds - Remedies and Proceedings Upon Default.
Section 9-9-41 - Bonds of District Employees, Etc.
Section 9-9-44 - Construction of Improvements Under Water Management Plan - Default of Contractor.
Section 9-9-47 - Construction of Improvements Crossing Railroad Right-of-Way.
Section 9-9-50 - Annexation of Land to District.
Section 9-9-51 - Organization of District Over Lands of Watershed Conservancy District.
Section 9-9-53 - Joint Works of Improvement With Adjoining States.
Section 9-9-54 - Procedure as to Warrants Not Paid Because of Lack of Funds.
Section 9-9-55 - Correction of Errors in Court Proceedings, Etc.