March 27, 2007, 16:14
Etta Warmandrainage onto county roads
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 .]
March 28, 2007, 11:12
Scott BrumleyWe 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.