Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 354 - MEMORANDA OF UNDERSTANDING
Section 354.14 - Agreement for Right of Entry and Temporary Use of Highway Right of Way
Universal Citation: 31 TX Admin Code ยง 354.14
Current through Reg. 49, No. 38; September 20, 2024
(a) THIS AGREEMENT IS MADE by and between the Texas Department of Transportation, hereinafter referred to as "TxDOT," and the Texas Water Development Board, hereinafter referred to as "TWDB."
(b) WHEREAS, pursuant to its authority under Texas Water Code § 6.107, TWDB finds it necessary to enter certain public property under the control and jurisdiction of TxDOT to monitor water wells; and
(c) WHEREAS, Chapter 203 of the Texas Transportation Code empowers the Texas Transportation Commission and TxDOT to lay out, construct, maintain, and operate the state highway system; and
(d) WHEREAS, TxDOT has determined that such entry is in the public interest and will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway facility.
(e) NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as set forth, it is hereby agreed as follows:
(f) AGREEMENT.
(1) Article 1. Notice to TxDOT.
(A) Not later than five working days before
entry to the site is needed, TWDB shall notify the District Engineer of TxDOT's
Waco District in writing or via email. Entry onto certain portions of the right
of way of controlled access facilities requires prior approval from the Federal
Highway Administration. In the event that TWDB requires entry onto that portion
of the right of way to which access is controlled, the TWDB shall notify TxDOT
at least fifteen working days in advance to allow time to obtain the necessary
FHWA approval.
(B) The District
Engineer will determine whether any construction or maintenance activities have
been scheduled that might affect the site investigation, or if any special
conditions exist that might otherwise impact the investigation.
(C) Right of entry shall be limited to site
investigations associated with installation and maintenance of an automatic
water-level recorder.
(2)
Article 2. Site Investigation.
(A) At all
times when on TxDOT right of way, TWDB staff, its contractors, and their
respective employees, agents, and representatives shall wear protective
clothing including but not limited to protective head gear such as hard hats,
protective footwear such as steel-toed shoes, and reflective vests visible to
the traveling public.
(B) All site
investigations shall be conducted in accordance with all applicable federal and
state laws, regulations, and policies.
(C) Pursuant to §
203.031 of the
Transportation Code, entry onto the right of way of any controlled access
facility shall be allowed only from the outer edge of the right of way by way
of frontage roads, nearby or adjacent public roads or streets, or trails along
or near the highway right of way that connect to an intersecting
road.
(D) TWDB shall notify the
District Engineer at least 16 working hours in advance before performing any
task that will result in disturbing the pavement.
(E) TWDB shall notify the District Engineer
at least 16 working hours in advance before installing any equipment,
structure, or other object intended to remain in place for more than 48 hours.
(F) TWDB shall notify the District
Engineer at least 16 working hours in advance before closing one or more
traffic lanes or otherwise interfering with the flow of traffic in any way. All
such lane closures or traffic interference shall comply with the traffic
control plan approved by TxDOT and attached to this Agreement as Exhibit "A."
TWDB shall install the traffic control devices, and all traffic control shall
comply with the Texas Manual on Uniform Traffic Control Devices.
(G) If during the site investigation TxDOT
must perform or authorize a contractor to perform routine or special
maintenance, TWDB will cooperate with TxDOT maintenance requirements.
(H) The District Engineer and the
TWDB contractor are authorized to communicate directly with one another to
coordinate, clarify, or otherwise discuss site investigation activities.
(I) If it becomes necessary for
TWDB to curtail the investigation because of damages due to flooding, accident,
or other catastrophic event, TWDB shall not resume investigation until notified
by TxDOT to do so. TxDOT will proceed in a timely manner with any repair of
damage caused by the above events.
(3) Article 3. Concluding the Investigation.
(A) TWDB shall notify the District Engineer
when investigation activities have been completed. If one or more monitoring
wells are installed, the requirements of this agreement shall survive the
conclusion of initial activities.
(B) TWDB shall restore the right of way to
its original condition at the conclusion of the investigation. TxDOT will
inspect the right of way after any such restoration and determine that the
original condition has been restored. If the right of way is found not to have
been restored to its original condition, TxDOT will repair the damage at TWDB's
expense.
(4) Article 4.
General Terms and Conditions.
(A) TxDOT's
authorization to allow TWDB a right of entry onto the site identified in this
Agreement does not in any way impair or relinquish TxDOT's right to use such
land for right of way purposes when it is required for construction or
reconstruction of the traffic facility for which it was acquired, nor shall use
of the land for other than highway purposes under this agreement ever be
construed as abandonment of the land by TxDOT.
(B) TxDOT will notify TWDB of any utility
installations owned by third parties known to be located on the right of way.
TWDB shall provide adequate notice of the investigation to all utility owners
identified by either TxDOT or TWDB who are potentially impacted by the
investigation.
(C) Each party
reserves the right to terminate this agreement at any time after notifying the
other party in writing at least thirty (30) days in advance of the intended
termination and establishing the conditions of termination.
(g) IN WITNESS WHEREOF, TxDOT and TWDB have executed duplicate counterparts to effectuate this agreement.
(h) Dated March 31, 2005.
(i) Attached graphic.
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