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<br />at its expense, shall adjust the structure and/or channels within the ex-
<br />isting highway right of way as necessary to accommodate the approved
<br />drainage plan.
<br />(4) Where a state highway is in existence, and there is a
<br />desire of others to cross the existing highway at a place where there
<br />is not an existing crossing for drainage, then those desiring to cross
<br />the highway must provide for the entire cost of the construction and
<br />maintenance of the facility which will serve their purpose -while at the
<br />same time adequately serving the highway traffic. The design, con-
<br />struction, operation, and maintenance procedures for the facility within
<br />state highway right of way must be acceptable to the department.
<br />(5) In the event the local government involved expresses a
<br />desire to join the department in the drainage system in order to divert
<br />drainage into the system, the local government shall pay for the entire
<br />cost of collecting and carrying the diverted water to the state's system
<br />and shall contribute its proportional:share of the cost of the system and
<br />outfall based on the cubic feet per second of additional water diverted
<br />to it when compared to the total cubic feet per second of water to be
<br />carried by the system. The local government requesting the drainage
<br />diversion shall indemnify the state against or otherwise acknowledge its
<br />responsibility for damages or claims for damages resulting from such
<br />diversion.
<br />(f) Highway adjustments for reservoir construction.
<br />(1) Where existing highways and roads provide a satisfac-
<br />tory traffic facility in the opinion of the department and no immediate
<br />rehabilitation or reconstruction is contemplated, it shall be the respon-
<br />sibility of the reservoir agency, at its expense, to replace the existing
<br />road facility disturbed by reservoir construction in accordance with the
<br />current design standards of the department, based upon the road clas-
<br />sification and traffic needs.
<br />(2) Where no highway or road facility is in existence but
<br />where a route has been designated for construction across a proposed
<br />reservoir area, the department will bear the cost of constructing a sat-
<br />isfactory facility across the proposed reservoir, on a line and grade for
<br />normal conditions of topography and stream flow, and any additional
<br />expense as may be necessary to construct the highway or road facil-
<br />ity to line and grade to comply with the requirements of the proposed
<br />reservoir shall be borne by the reservoir agency.
<br />(3) In soil conservation and flood control projects involv-
<br />ing the construction of flood retarding structures where a highway or
<br />road operated by the department will be inundated at less than calcu-
<br />lated 50-year frequencies by the construction of a floodwater retarding
<br />structure, it will be expected that the soil conservation service or one
<br />of its cooperating agencies will provide funds as necessary to raise or
<br />relocate the road above the water surface elevation which might be ex-
<br />pected at 50-year intervals. In those cases where a highway or road
<br />operated by the department will not be inundated by floods of less than
<br />50-year calculated frequency, it will be the purpose of the department to
<br />underwrite this hazard for the general welfare of the state and continue
<br />to operate the road at its existing elevation until such time as interrup-
<br />tion and inconvenience to highway travel may necessitate raising the
<br />grade.
<br />(g) Irrigation crossings.
<br />(1) Where an irrigation facility is in existence prior to the
<br />acquisition of highway right of way, including right of way for widen-
<br />ing, and the highway project will interfere with such a facility, the fol-
<br />lowing provisions shall govern.
<br />(A) If, at the place of interference, the irrigation facility
<br />consists primarily of an irrigation canal which crosses the entire width
<br />of the proposed right of way, this shall be considered a crossing and
<br />it shall be the duty and responsibility of the department to construct
<br />and maintain an adequate structure and to make the necessary adjust-
<br />ments or relocations of minor laterals and pumps, etc., associated with
<br />the crossing, in such a manner that the operation of the irrigation fa-
<br />cility will not be injured. The construction work at a crossing will be
<br />considered a construction item with the expense to be bome by the de-
<br />partment. The acquisition of any land required to accomplish the ad-
<br />justments and/or relocation shall be a right of way consideration.
<br />(B) Any irrigation facility encountered which does not
<br />cross the right of way and consists primarily of a'longitudinal canal
<br />and/or associated irrigation appurtenances such as pumps, gates, etc.,
<br />which must be removed and relocated shall be considered a right of
<br />way item.
<br />(C) In those cases where both crossing and longitudinal
<br />adjustments or relocation of irrigation facilities are encountered, each
<br />segment shall be classified in accordance with subparagraph (A) and
<br />(B) of this paragraph.
<br />(2) Where a highway is in existence, and there is a desire of
<br />others to cross the existing highway with an irrigation facility at a high-
<br />way point where there is not an existing crossing facility, then those
<br />desiring to cross the highway must provide for the entire cost of the
<br />construction and maintenance of the irrigation facility which will serve
<br />their purpose while at the same time adequately serve the highway traf-
<br />fic. The design, construction, operation, and maintenance procedures
<br />for the facility within highway right of way must be acceptable to the
<br />department.
<br />(h) Continuous and safety lighting systems and traffic signals.
<br />For the installation, maintenance, and operation of continuous and
<br />safety lighting systems and traffic signals, the local government shall
<br />be responsible for providing matching funds as shown in Appendix
<br />A of § 15.55 of this title (relating to Construction Cost Participation),
<br />except as adjusted under that section. Such installation, maintenance,
<br />and operation shall be accomplished in accordance with §25.5 of this
<br />title (relating to Installation, Operation, and Maintenance of Traffic
<br />Signals) and §25.11 of this title (relating to Continuous and Safety
<br />Lighting Systems).
<br />This agency hereby certifies that the proposal has been reviewed
<br />by legal counsel and found to be within the agency's legal author-
<br />ity to adopt.
<br />Filed with the Office of the Secretary of State, on December 14,
<br />2001.
<br />TRD-200107886
<br />Richard D. Monroe
<br />General Counsel
<br />Texas Department of Transportation
<br />Earliest possible date of adoption: January 27, 2002
<br />For further information, please call: (512) 463-8630
<br />26 TexReg 10820 December 28, 2001 Texas Register
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