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Where would I find the applicable law regarding flooding of a county road by the spillway of a private stocktank? If it's in the Transportation Code, then I've missed it. It looks like we can "authorize" drainage; where can we compel it?

[This message was edited by Etta Warman on 03-28-07 at .]
 
Posts: 85 | Location: Abilene TX | Registered: March 17, 2005Reply With QuoteReport This Post
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We haven't really had to deal with that question (or, if you ask some of our true-believer opposition, we're too stupid to know what to do anyway). However, you might take a look at Marek v. Baylor County, 430 S.W.2d 220 (Tex. Civ. App.--Eastland 1968, writ ref'd n.r.e.). There, the county successfully sued for an injunction similar to what you're contemplating by invoking the predecessor statute to sec. 11.086 of the Water Code. It might be a start.
 
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001Reply With QuoteReport This Post
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Very helpful!
 
Posts: 85 | Location: Abilene TX | Registered: March 17, 2005Reply With QuoteReport This Post
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