Sec. 11.044. ROADS AND HIGHWAYS. (a) An appropriator has the right to construct ditches, canals, or pipelines along or across all roads and highways necessary for the construction of waterworks. Bridges, culverts, or siphons shall be constructed at all road and highway crossings as necessary to prevent any impairment of the uses of the road or highway. Approval of the construction plans and specifications shall be obtained from the owner of the road or highway prior to the installation of conveyance facilities.
(b) If any public road, highway, or public bridge is located on the ground necessary for a damsite, reservoir, or lake, the commissioners court shall change the road and remove the bridge so that it does not interfere with the construction of the proposed dam, reservoir, or lake. The party desiring to construct the dam, reservoir, or lake shall pay the expense of moving the bridge or roadway.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p. 939, ch. 353, Sec. 1, eff. Aug. 31, 1981.
Structure Texas Statutes
Title 2 - Water Administration
Subchapter B. Rights in State Water
Section 11.022. Acquisition of Right to Use State Water
Section 11.023. Purposes for Which Water May Be Appropriated
Section 11.0235. Policy Regarding Waters of the State
Section 11.0236. Environmental Flows Advisory Group
Section 11.02361. Texas Environmental Flows Science Advisory Committee
Section 11.02362. Development of Environmental Flow Regime Recommendations
Section 11.024. Appropriation: Preferences
Section 11.025. Scope of Appropriative Right
Section 11.026. Perfection of an Appropriation
Section 11.027. Rights Between Appropriators
Section 11.0275. Fair Market Value
Section 11.029. Title to Appropriation by Limitation
Section 11.030. Forfeiture of Appropriation
Section 11.033. Eminent Domain
Section 11.034. Reservoir Site: Land and Rights-of-Way
Section 11.035. Condemnation of Private Property
Section 11.036. Conserved or Stored Water: Supply Contract
Section 11.037. Water Suppliers: Rules and Regulations
Section 11.038. Rights of Owners of Land Adjoining Canal, Etc
Section 11.039. Distribution of Water During Shortage
Section 11.040. Permanent Water Right
Section 11.041. Denial of Water: Complaint
Section 11.042. Delivering Water Down Banks and Beds
Section 11.043. Recordation of Conveyance of Irrigation Work
Section 11.044. Roads and Highways
Section 11.045. Ditches and Canals
Section 11.046. Return Surplus Water
Section 11.047. Failure to Fence
Section 11.048. Cost of Maintaining Irrigation Ditch
Section 11.049. Examination and Survey
Section 11.050. Tidewater Gates, Etc