Section 10: Water Control Facilities (Canals)Anchor: #i1003551
Property interests acquired over water control facilities vary depending upon the extent the highway facility will intrude upon the water facility, and the ownership interest owned by the water facility. This often makes traditional fee simple acquisition/relocation not feasible. In these circumstances, the utility should be allowed to retain its current property interest, with TxDOT acquiring an easement, lease, or license, and executing a Joint Use Agreement.
A water control adjustment flowchart is available and may serve as a guide.Anchor: #i1003565
Water Control Facilities Crossing the Highway
When a water control facility has been constructed prior to the construction of a transportation project, and the project will cross the facility, TxDOT is responsible for the cost of construction and maintenance, at no expense to the owner, of the necessary structure, culvert, or siphon needed to serve the facility.
When an irrigation or flood control district, specifically authorized under the Statutes of Texas, desires to cross an existing highway with an irrigation canal or flood control facility, the irrigation or flood control district must provide for the cost of the construction and maintenance of the structures. Final approval of the structure’s design lies with TxDOT.
In the case of adjusting an existing crossing of a water control facility, TxDOT construction funds will bear the cost of the cross-drainage structure.Anchor: #i1003585
Parallel Water Control Facilities
A water control facility is considered a utility and consequently, all adjustment costs will be processed according to TxDOT utility adjustment procedures.Anchor: #i1003595
Publicly-Owned Water Control Facilities (for State)
When water control facilities are classified as a utility and a right of way item, follow procedures normally used for utility adjustments. The necessary adjustment work can be accomplished by the water control authority, or, with Design Division concurrence, as part of the State construction project. When replacement right of way is required for the relocated water control facility, acquisition costs by the water control authority must be approved in a Standard Utility Agreement.
When the relocation of the water control facility includes replacement right of way, and will be included in the construction contract, the Design Division will furnish a set of the plans and estimated quantities of the adjustment items to the ROW Program Office for review. This ensures that the proposed adjustment meets the requirements of 23 CFR, Part 645, Subpart A.The ROW Program Office will then advise the Design Division regarding its findings and either approve the plans or furnish comments regarding necessary corrections. This procedure will normally take care of those adjustments where all of the costs can be paid under TxDOT’s construction contract.Anchor: #i1003612
Publicly-Owned Water Control Facilities (for LPA)
When water control facilities are classified as a utility and a right of way item, follow procedures normally used for utility adjustments. The adjustment can be accomplished by use of a lump sum agreement or by actual cost basis. The adjustment can be accomplished by the LPA, the water control authority, or, with the Design Division’s concurrence, as part of the TxDOT construction contract.
If the LPA proposes to accomplish the adjustment under the lump sum procedure, use form ROW-U-35 Standard Utility Agreement. If the owner of the water control facility proposes to adjust its own facilities on a lump sum basis, a three‑party agreement may be entered into by use of Form ROW-U-43A, Standard Utility Agreement, Lump Sum – Local Government.
If reimbursement for the adjustment will be made on the basis of actual costs, the adjustment should be accomplished following the appropriate procedure, as set forth in Chapter 8, Section 6 (SUP) or Chapter 8, Section 8, (LUP).
If the water control work is to be included in the construction contract, the Design Division will furnish plans and quantities of the adjustment items to the ROW Program Office for review to ensure that the proposed adjustment is eligible and to identify any ineligible betterments. The ROW Program Office will then advise the Design Division regarding its findings and either approve the plans or furnish comments. The Design Division will then contact the Finance Division, if appropriate and request that an Advanced Funding Agreement be drawn up and forwarded to the District for execution by the LPA. The LPA will advance necessary funds to TxDOT for this right of way item; economically disadvantaged LPA’s will obligate funds. If TxDOT assumes the right of way acquisition function under the SUP, an Advanced Funding Agreement would be required for those adjustment costs determined ineligible for TxDOT cost participation. This procedure will normally take care of those adjustments where all of the costs can be paid under the TxDOT contract.
When right of way must be acquired for placement of the relocated water control facility, acquisition by the LPA or the water control authority must be covered by a separate agreement, or by a clause in the Advanced Funding Agreement that will provide for reimbursement for acquisition of any required right of way. Water control facilities classified as a utility right of way item, and included in the highway construction contract, should be identified with the ROW CSJ Number.Anchor: #i1003649
Privately-Owned Water Control Facilities (for State )
Adjustment of a water control facility will occasionally be classified as an adjustment of a private or jointly owned improvement. These adjustments, are classified as right of way acquisition items, and should be handled in the acquisition process as a part of the right of way parcel. Since these facilities are not normally classified as a utility, the utility procedure should not be followed.Anchor: #i1003659
Privately-Owned Water Control Facilities (for LPA)
This should be handled under the acquisition process and not under the utility adjustment process.