Hoping that there is a shortcut from time-consuming legal research on this question, here's the situation: A subdivision plat was approved a number of years ago that inadvertently left off a designated drainage easement, although utility easements were included. A landowner has diverted a drainage ditch that was constructed, although there have not yet been any adverse effects. If the Commissioners Court wished to force the landowner to restore the ditch to its original course, what is its authority, absent any damages created by the diversion? The Transportation Code does not give the Court any authority to construct a drainage system without a petition. The Court, though, does retain condemnation authority, although that seems a little extreme for this situation. I am told that some counties treat a drainage system as a "utility," but my look-see through the law tells me that this is a real stretch. Huh?

Could an amended subdivision plat be filed and approved by Commissioners Court to add what was supposed to be there initially?

Is the blocked or diverted drainage channel adjacent to a county road (e.g. - a bar ditch?) If so, you may be able to argue that the drainage easement is part and parcel with the road easement, since proper drainage is necessary to preserve the road.