An oil operator wants to run a water disposal line down a County Road easement (in/under the bar ditch.) I told him "no," because his use does not qualify as a public utility.

He now wants to know if he can do so if he pays for a separate easement within the county road right-of-way from the adjacent landowners, who own the dominant estate under our road.

I THINK the answer is still "no," because our easement gives the county the exclusive use of the area within the road easement for road, drainage and public utility purposes. The adjacent landowners do not have the authority to grant any further easements within the road easement. I have not found anything on point.

Any thoughts or comments?

This has been my problem with adding much about easements to the road talk - there isn't much written! However, I think you are on the right track. The County owns the easement and would be wise not to allow the company to use it. The landowners have sold the county the easement; I don't think that they can sell it again.

When you consider a road easement across private property - the easement is sold, the buyer may use it for the purpose stated. Can the seller then sell the same easement to another buyer for a conflicting purpose? Don't think so...

The following case may answer your question.
Hale County, Texas et al, Appellants v. HAROLD G. Davis, Appellee, Court of Civil Appeals of Texas, Seventh District, Amarillo 572 S.W.2d 63; 1978 Tex. App. LEXIS 3702, September 18, 1978.