Canal Crossing Policy

The following policy was adopted by the board of directors in May 2005, revised and readopted as revised in December 2006.Revised and readopted on this 8th day of August, 2011.

GENERAL STATEMENT OF POLICY

The Bexar-Medina-Atascosa Counties Water Improvement District No. 1 holds and controls property to accomplish the purposes for which it was created.  It is the position of the District’s Board of Directors that no party other than the District has a right to use District property for non-District purposes, nor does the District have an obligation to permit any other party the right to use District property.  The District’s Board of Directors will consider requests for canal crossings only if they are made in compliance with the District’s policies and application procedures.  Each application will be considered on its own merits and the Board of Directors reserves the right to deny any application for any lawful reason or to impose conditions on any approval.

  1. Canal crossing permits are required if the District’s canal is located within property where the District holds fee simple title or an easement. A canal crossing permit is not required if the ditch is installed or maintained by the landowner.
  2. Types of canal crossing permits required to obtain permits in accordance with this policy.
    1. Roadway

      • Authorizes ingress and egress across District property and the maintenance (or installation) of a bridge over a District canal or of a culvert pipe within the canal.
        1. Existing Private, unapproved
        2. New Private
        3. New Public
        4. Implement or Livestock
        5. Replace or Modify
    2. Utility

      • Authorizes the installation and maintenance of utility-related facilities within District property.
        1. Above-ground
        2. Below Ground
      • In addition, for determining the fee payable for the crossing, utility crossings will be distinguished between a crossing intended to service a single customer and a crossing intended to service more than one customer.
    3. Roadway Crossings

      • Roadway crossings across the District’s Main Canal and on a case by case basis except for roadway crossings by the Texas Department of Transportation. The Main Canal is defined as the canal beginning at Diversion Lake and ending at Pearson Lake.
      • Roadway crossings increase the District’s maintenance expenses. It is the District’s policy to allow one roadway crossing per each separately mete and bound described tract and comprising less than ten (10) acres. Exceptions are made based on the need to provide access for agricultural equipment and livestock. The determination by the District’s Board of Directors of the boundaries of the original tract of land will be final.
      • Roadway crossings for proposed subdivisions or other commercial development will be issued on a case by case basis.  Applications for new roadway crossings within proposed residential subdivisions or other commercial developments for which a plat must be filed and approved by a county or city will be denied unless the Applicant agrees to (i) install pipes to convey the water through the entire width of the subdivision or the planned development and (ii) exclude the entire tract from the District if the tract is located within the District.  The type, size, and slope of the pipe and related appurtenances and the manner of installation will be determined by the District’s Board of Directors.  The District reserves the right to install the pipeline and related appurtenances at the Applicant’s request; otherwise, the Applicant will be responsible for the installation in accordance with the District’s requirements.  No encroachments across District property will be allowed, including but not limited to other utility easements or fences.
      • Approval of roadway crossings includes the grant of a non-exclusive access easement across District property so that the Applicant may sell or mortgage the property and obtain title insurance for access.To the extent the terms of this policy conflict with the terms of these easements, the terms of the easement will control, but only to the extent of a direct conflict.
    4. The installation, maintenance, repair, or modification of a canal crossing is prohibited and is violation of the District’s rules unless the crossing was installed by the District or the crossing or repair or modification of the crossing was previously approved or authorized by the District’s Board of Directors. A violation of the District’s rules subject the person to the penalties allowed under the law, including but not limited to the civil penalty of $5,000 allowed by Section 49.004 of the Texas Water Code.
    5. The District will not approve utility crossing permits for pipelines transporting substances which could impair the use of the water in the canal for irrigation and public water supply purposes if the substance was released into the water in the canal.  If the District is obligated by law to allow crossings by pipelines transporting such substances, the Board of Directors reserves the right to condition its authorization for the crossing upon terms intended to protect the quality of the water within the canal for irrigation and domestic use which terms and conditions may be more stringent than set out in this policy.
    6. To the extent that a person demonstrates that the person holds authority under the law to cross the District canal or to use District property without the approval of the District’s Board of Directors, then to the extent allowed by law, prior approval is not required but the use of the District property will be subject to the technical requirements contained within this policy and such other or additional technical requirements as may be deemed necessary by the Board of Directors to protect the District’s property. As of June 9, 2015, the District’s Board of Directors will not allow utility crossings proposed or made by utilities based upon agreements with the Districts or easements granted by the District to such utilities prior to June 8, 2015, expressly including, but not the East Medina County Special Utility District, the Atascosa Rural Water Supply Corporation, unless the crossing is made pursuant to a utility crossing permit approved and issued by the District pursuant to this Policy.
    7. The District is required to comply with Texas Underground Facility Damage Prevention and Safety Act by providing notification prior to removing or disturbing soil to a depth of sixteen inches or more even though within property owned by the District in fee simple. Nothing in this policy is intended to circumvent the District’s duty to notify. If a utility marks the location of its facilities within District property in accordance with the Act, the District and its employees and contractors are entitled to rely upon the accuracy of the marked location and the District is not under a duty to review a permit to determine whether or not the location was accurately marked.

CANAL CROSSING APPLICATION PROCEDURE

The canal crossing permit application process requires a minimum of 60 days to complete.  The Applicant should consider the application process when planning and preparing for any projects involving District property.  No person can begin construction on a canal crossing without final approval from the Board of Directors.  No person may modify or make substantive modifications to an existing bridge or culvert without approval by the Board of Directors unless an emergency exists. The roadway crossing permit must be signed within thirty days after approval of the application by the District’s board of directors and all roadway construction must be completed within 90 days, from the date the applicant signs the Permit.

  1. Submission of Application and Processing Fee

    • All applications shall be submitted to the District’s Office using a standard form provided by the District.  The application will not be processed until all processing fees and required information are received by the District.  A $50.00 non-refundable processing fee payment should be made payable to “Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1” and should specify that the payment represents “application processing fee.”  The application fee is non-refundable and is in addition to the total consideration required by the District for application approval.  The $50 application fee will be the total consideration fee for approved agricultural crossings. Effective July 1, 2011 until modified, the following additional minimum fee shall apply if the District approves the application:
      • Roadway Crossing to access land in District: $150.00
      • Roadway Crossing to access land outside District: $1,100.00
      • Utility Crossing
        • Intended to service a single customer: $400.00
        • Intended to service more than one customer: $1,500.00
      • Repair or Modify an approved crossing: $150.00
    • The difference in cost between the roadway crossing to access land in the District compared to land outside of the District is intended to recover a portion of the additional maintenance costs incurred by the District for roadway crossings and to recover a portion of the administrative costs relating to the canal crossing program.
  2. Submission of Survey to District

    • The Applicant is required to prepare and submit to the District office a survey of the District property involved and exact location of road crossing.  If the intended use is either above or below the District property, a vertical profile must accompany the survey.  Effective July 1, 2011, the width of roadway crossing easements shall not exceed twenty (20) feet, unless the roadway is for access to subdivisions requiring approval of plats by a city or county, in which case the maximum width shall the minimum width of the roadway required by the county or the city.District survey requirements are as follows:All surveys, plats, reports and descriptions shall:
      • Be prepared by a Registered Land Surveyor holding active registration in the State of Texas;
      • Be prepared in strict compliance with the Texas Professional Land Surveying Practices Act and the current minimum Professional and Technical Standards established by the Texas Board of Professional Land Surveying;
      • Include the following certification:
        “I hereby certify to the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1 that this survey, plat, description or report was prepared in compliance with the Texas Professional Land Surveying Practices Act.”
  3. Management Review of Application

    • The District’s management, by and through the general manager or field operations manager, will review each application for compliance with District’ Policies and Technical Requirements and to determine if the request would adversely affect the delivery of water or the structural integrity of the canals. All applications for use of District property are considered unique, and each proposed design will be reviewed and considered individually. The District Manager may request the review of the Applicant’s proposal by an engineer and the fees for such review will be paid by the Applicant. When the district’s management determines that the application is complete and ready for review by the Board of Directors, the District’s management will set the application and the agenda and notify the Applicant of the setting.
  4. Proof of Ownership of Property

    • The Applicant will present to the District, a title report or other evidence satisfactory to the District’s general counsel, demonstrating that the Applicant holds title, or the right to acquire title, to the property for which access is needed.
  5. Board Review

    • After all requirements listed above have been met, the District’s Board of Directors will review each application in open session as an agenda item.  It is highly recommended that applicants whose name is on the agenda be present to answer any questions and to fully understand any provisions requested by the Board of Directors on that specific crossing.  If the Board rejects the application, no revised application may be resubmitted for six months following the Board’s denial.  In any event, the Applicant will be required to pay a new application fee for any resubmission.  Upon Board approval, an applicant can proceed with approved plans only after paying any additional fees and receiving a permit from District management.
  6. Additional Fees

    • All application fees are NON-REFUNDABLE. Any additional costs incurred by the District through the use of the District’s engineers, attorneys, surveyors, personnel, and materials will be charged to the Applicant in addition to the application fee. Any additional fees incurred will be due before Applicant can receive a permit.
  7. Issuance

    • After approval of the application by the Board of Directors, an easement or permit will be prepared by the District’s administrative staff. The form of the easement or permit will be provided by the District. The president of the Board of Directors, or other person designated by the president or the Board of Directors will execute the easement or permit on behalf of the District. The permit delivered “after inspection of crossing.”
  8. Installation

    • At the option of the applicant, any approved installation for roadway crossings shall be done by a District approved contractor or by the District, with said installation being done in accordance with the District’s construction specifications; provided, however, after July 1, 2011, the pipe required for a roadway crossing across an open canal shall be furnished by the District. If the applicant elects to have the District perform the installation, the District will submit a bid to the applicant for installing a crossing and the applicant shall prepay the bid prior to construction beginning.
  9. Inspection and Approval

    • The Applicant or its pre-approved contractor must notify the District at least forty-eight hours prior to beginning the work authorized by the permit. The work may not be performed on a Saturday, Sunday or holiday unless prior arrangements are made with the District. If inspection of the work is acceptable to the District, the work will be approved by the District, acting by and through its general manager or field operations manager. If the work is not acceptable to the District, the District’s general manager or field operations manager will inform the Applicant of the deficiencies and the corrective work required to obtain District approval. If the deficient work is not corrected or removed, the District will remove the deficient work and dispose of the material. Additional inspection fees for work that is not approved at the initial inspection must be paid in accordance with the District’s schedule of charges, but until re-inspection fees are adopted, the re-inspection fee is $100.00 per trip.
  10. Repair or Modify

    • If the Applicant requests authorization to repair or modify an existing, previously authorized crossing, the process will generally be the same, but the Applicant will not be required to submit a survey if a survey already exists for the crossing. The District may choose to make the repair or modification at the Applicant’s request or authorize the Applicant to make the repair or modification. If the District allows the Applicant to make the repair or modification, the material and work will be subject to the District’s requirements and subject to inspection and approval by the District. If the repair or modification is needed immediately to reduce the risk of harm to people, the Applicant must inform the District of that fact, and if the District, acting by and through its general manager or field manager, concurs with the Applicant’s assessment of the situation, the District’s general manager or field manager may proceed with the repairs or authorize the Applicant to proceed with the repairs immediately without prior approval by the Board of Directors, but after the emergency repairs are completed, the process of obtaining Board of Directors approval shall apply. Labor and material for the repairs or modifications shall be obtained or provided at the Applicant’s expense.

Technical Requirements

  • Roadway Crossings

    1. Generally, culvert pipe shall have a minimum diameter of 30 inches. The pipe diameter shall be sufficient to pass the flow specified by the District with head loss kept to a minimum consistent with adequate cleaning velocity of approximately three feet per second.
    2. Concrete culvert pipe shall be reinforced in accordance with ASTM Designation C76-72, Class III, Wall B, using “O” ring gasket joints in accordance with ASTM Designation C443-79, Type 6. Where required, pipe having higher-wall strength will be used.
    3. Corrugated metal pipe shall be in accordance with Interim Federal Specification WW-P-0045, Class I and II, Shapes 1, 2 and 3. All pipes must be aluminum coated.
    4. All technical and requirements are subject to change at the District’s discretion.
    5. Maintenance of the pipe crossing shall be the responsibility of the person placing same, and if pipe becomes broken, battered or generally insufficient to pass irrigation flow it will be removed by the District’s maintenance department and a new application for crossing will have to be filed.
    6. If the crossing is not installed in accordance with the District’s technical requirements and the terms and conditions of the District’s approval, the District, acting by and through its general manager or field operations manager, may review the pipe.
    7. Every roadway crossing approved by the District after July 1, 2011, will be designed, constructed, and maintained in a manner that protects the buried pipe and prevents the buried pipe from being crushed, damaged, or distorted, by the weight of material above the pipe and the weight of vehicles and equipment using the roadway crossing. This shall be accomplished by means of a concrete cap being installed over the pipe or by other means acceptable to the District, acting by and through its Field Manager.
  • Utility Crossing

    1. Applications for underground utility crossings, except for customer service lines, shall be accompanied by proposed plans and specifications and profile drawings. As revisions to the drawings are approved by the design engineer, the revised drawings shall be delivered to the District. Upon completion of the crossing, “as built” drawings should be submitted to the District.
    2. Utility crossings under the canal shall be from property line to property line with protective sleeve across full width of ditch and a minimum of five feet below the bottom of the canal.
    3. Utility crossing over the canal shall be in accordance with the latest edition of NEC (ANSI C1) standards of the National Fire Protection Association; the latest edition of NEC (ANSI C2); the latest regulations issued by the Occupational Safety and Health Administration Safety Code; and the adopted electrical code of Texas, unless otherwise required by the above, a minimum clearance of 22 feet shall be provided for communication lines and 28 feet for electric supply lines.
    4. The location of line poles, guy poles, and guy lines will not be allowed within 30 feet of each side of the canal in order not to interfere with maintenance and operation of the District.
    5. The utility must install the service line in accordance with the following requirements:
      • Underground pipe and cable shall be installed at least five feet below the bottom of the ditch.
      • Above-ground wires shall be installed at a minimum height specified for utility crossings requiring a permit.
      • The utility must restore the surface of the ground within the District’s property and within ten days after demand by the District, restore the surface of the ground if settling of the soil occurs.
      • The authorization is subject to the terms and conditions applicable to all crossings.
      • No underground facilities should be located at or above the surface of the ground and no poles or guy wires shall be located on the District’s property.

The District’s Board of Directors reserves the right to modify the technical standards from time to time or for a particular application if deemed necessary to protect the District’s property.

TERMS AND CONDITIONS

By signing the application, the Applicant agrees that, if issued by the District, the easement or permit and the rights under the easement or permit will be subject to the following terms and conditions:

  • Terms and conditions applicable to all easements and permits.

    1. The Applicant must acknowledge that the property, whether fee simple or easement, is held by the District.
    2. The facilities or activities authorized by the easement or permit shall remain secondary and inferior to any and all functions, operations, and uses of the property by the District; and the Applicant must acknowledge that the District relinquishes none of its superiority or uses in said property.
    3. The Applicant must agree not to impair the use of the property by the District, or obstruct in any way the water flowing through the canal.
    4. Applicant shall at all times, abide by the rules and regulations of the District and all amendments and modifications thereof.
    5. Applicant must acknowledge that the authorization granted by the permit is for the purpose specified in the permit and no other use shall be made of the property, and property rights of the District shall at all times be respected and acknowledged.
    6. The Applicant shall pay the Canal Crossing Permit fee as well as all costs incurred by the District, which shall be itemized and set out in a separate document.
    7. The Applicant agrees that if the Applicant accepts the permit, the terms of the permit shall be binding on the Applicant. If more than one person submits the application as an applicant, the rights and duties of each person and the permit will be joint and severally.
    8. Approval of the application for the crossing shall not be final and effective until a permit is signed by an authorized representative of the District.
    9. The Permit and the property and activities authorized by the permit are subject to revocation by the District upon non-compliance with the terms and conditions of the permit, but a revocation is not effective until notice of the revocation is filed in the deed records of the county where the activity authorized by the permit is located.
    10. Upon completion of the installation of the crossing in accordance with the applicable policies, District personnel may affix a device or mark showing the crossing as approved and permitted. The Applicant will not remove the device or the mark.
    11. The permit incorporates by reference the application and attachments to the application and the rules, regulations, and policies of the District in effect at the time the application was submitted and amendments thereto.
    12. In the event the District must deepen or otherwise modify the canal and the District determines, in its sole discretion, that the roadway crossing or utility crossing must be modified to accommodate the District plans and remain in compliance with District policies, the Applicant shall relocate the crossing or utility at the Applicant’s sole expense within a reasonable time before the District starts construction of the proposed canal modification.
    13. A crossing permit will not be issued if the Applicant is delinquent in payment of flat rate assessment or water charges or otherwise owes money to the district or possesses district property without its consent or if the Applicant has encroachments upon District which are not authorized under the law or approved by the board of directors.
    14. District may revoke a crossing permit if Applicant is delinquent in payment of District water charges, taxes, or flat rate assessments. If District revokes the easement for non-payment of fees, taxes, or assessments, the revocation will be effective only after notice of revocation is filed in the deed records.
    15. INDEMNITY. APPLICANT SHALL HOLD HARMLESS, DEFEND, AND INDEMNIFY THE DISTRICT AGAINST ANY SUIT, LIABILITY, CLAIM, DEMAND, OR DAMAGE ARISING FROM THE EXERCISE OF APPLICANT’S PRIVILEGES UNDER THE PERMIT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY OR DEATH AND ATTORNEY FEES.
    16. If any controversy, claim, or dispute arises relating to this permit or its breach, the District shall be entitled to recover from the Applicant reasonable expenses, attorney’s fees and costs.
    17. Applicant shall maintain the canal and the work authorized by a permit in a state of good repair and efficiency so that no unreasonable damages will result to the District’s canal by Applicant’s use of the canal crossing authorized by the Permit.
    18. Any notice, communication, request, demand, reply or advice (severally and collectively referred to as “Notice”) in this Permit required or permitted to be given, made or accepted must be in writing. Notice may, unless otherwise provided herein, be given or served:
      • by depositing the same in the United States Mail, postage paid, registered or certified, and addressed to the person to be notified, with return receipt requested; or
      • by delivering the same to such person, or an agent of such person; or
      • by regular mail, facsimile transmission, electronic mail or other commercially reasonably means addressed to the person to be notified.Notice sent by registered or certified mail in the manner described above will be effective from and after the expiration of 3 calendar days after such deposit or on the earlier of actual receipt.  Notice given in any other manner will be effective only if and when received by the person to be notified.  Applicant will be the address shown on the application.  An Applicant may change their respective addresses to any other address within the United States of America, by not less than 10 days prior written notice to the other person.
    19. Applicant agrees to promptly pay all damages which may be caused to District’s canal in the exercise of any rights granted herein.
    20. Applicant will notify the District at least twenty-four hours prior to starting the work on District property and in the event of work on weekends and holidays, will pay the District its overtime costs for District employees dispatched to observe the work or the District’s actual out-of-pocket costs for third party inspectors, if any, hired by the District to observe the work.
    21. If any of Applicant’s culverts or pipes, cable, or wire interferes with District’s operation of its canals, Applicant shall with 90 days after receiving written notice from District relocate the pipeline(s), wire or cable in another location under District’s canals mutually agreed to by both District and Applicant.  The relocation shall be at Applicant’s sole expense; provided, however, that Applicant shall only be required to make one relocation of its pipeline(s) under this section.
  • Terms and Conditions applicable only to roadway crossings.

    1. A roadway permit will authorize only one roadway crossing permit.
    2. A roadway permit shall service all of the property described in the application and permit. The Applicant understands that no other permits shall be granted to service the property, even though said tract may be subdivided or partitioned.
    3. The Applicant accepts this permit with full knowledge that the culvert pipe authorized by a roadway permit may be temporarily removed from time to time by the District, their employees, agents or successors, for the purposes of carrying out the business of the District;
    4. The Applicant, by acceptance of the permit, shall acknowledge that the District does not assume any responsibilities for backup waters, repairs to any of the canal crossing structures, such as culverts or bridges, or any responsibility or liability for accidents, injuries or damages, occurring near or on the above described permitted crossing area.
    5. Upon completion of the installation of the crossing in accordance with the applicable policies, District personnel may affix a device or mark showing the crossing as approved and permitted. The Applicant will not remove the device or the mark.
    6. The permit is subject to revocation in the event a public road is dedicated and constructed adjacent to the property to be served by the roadway crossing, unless the Applicant demonstrates that the road crossing is necessary for the movement of domestic animals, farm equipment, commercial equipment, or for other reasons the District board of directors finds justify an exception.
    7. This Permit must be assigned, in whole or in part, as part of the conveyance of the property to be served by the crossing, and this Permit may not be reserved or transferred separate and apart from the conveyance of the dominant tract to be served, or part thereof.
    8. District may revoke this permit if District determines in its sole discretion that the crossing is unsafe, has been abandoned by nonuse, or the easement holder is in violation of the terms of this easement; provided, however, any revocation by District under this authority is effective only after notice of revocation is filed in the deed records.
    9. District reserves the right to adopt and revise from time to time an annual road crossing fee based upon the projected additional costs for maintaining, repairing, and improving District canals resulting from the existence of the roadway crossing. If District adopts such a fee, Grantee must pay the annual fee or this permit is subject to revocation. The District reserves the right to charge a fee in different amounts for non-District landowners.
    10. The holder of roadway permits must install and maintain base material on the roadway located within the District property adequate to support track and wheeled vehicles commonly used by the District for canal maintenance and repair.
    11. The roadway permit and the rights evidenced by a roadway permit are non-exclusive, and the District reserves the right to use the roadway and to allow others the right to use the roadway within District property.
    12. A Permit is not a dedication of District property to public use and does not authorize the Applicant to allow any member of the public to use the roadway crossing except Applicant’s invitees and guests. Applicant may not dedicate for public use any crossing authorized by a Permit. If Applicant wants to dedicate the roadway for public purposes, the Applicant will need to file an application for approval for subdividing purposes.

The District’s board of directors reserves the right to condition approval of the application and issuance of the Permit subject to any special conditions or terms that the board of directors determines, in its sole discretion, to be necessary to protect District property.

If the utility is classified as an operator of a Class A underground facility under the Texas Underground Facility Damage Prevention and Safety Act, the utility will provide the District the same information that the utility provides the notification center under the Act, to the extent the utility’s facility are located within District property or pertain to property within the District.

FORMS

The Board of Directors adopts the following forms to implement this policy.  The Board of Directors authorizes the General Manager, Office Manager, and General Counsel to modify the text in the forms as necessary to conform the form to the situation; provided the modifications maintain the intent of the policy and the protection of the District’s property and functions.

CANAL CROSSING REQUEST

Issued this ___ day of ______________, 200___.

                                                                       

By:                                                     

Title:                                                  

ACCEPTED by Permittee on this ____ day of _____________, 200___:

PERMITEE:

                                                                       

By:                                                                 

Title:                                                              

ACKNOWLEDGEMENT

STATE OF TEXAS                           §

COUNTY OF MEDINA                   §

 

This instrument was acknowledged before me on the _________ day of ______________, 20__ by _____________________, President of BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, on behalf of said Water District.

_________________________________

Notary Public, State of Texas

My Commission Expires: ____________

ACKNOWLEDGEMENT

STATE OF TEXAS                           §

COUNTY OF MEDINA                   §

This instrument was acknowledged before me on the _________ day of ______________, 20__ by ________________________, President of _______________________________ on behalf of said _________________________.

_________________________________

Notary Public, State of Texas

My Commission Expires: ____________

UTILITY CROSSING PERMIT

The Board of Directors of the Bexar-Medina-Atascosa Counties Water Control And Improvement District #1 (“District”) authorized the issuance of this Utility Crossing Permit to ____________________________ (“Permittee”) on the ___ day of _________, 200_, subject to the following terms and conditions:

  1. Permittee’s Rights. Subject to the terms and conditions of this Permit, Permittee is authorized to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace and remove facilities within that area of the District property as shown and described in the attached Exhibit “A” in the manner described by the plans, drawings, and specifications submitted by Permittee as part of the application of this Permit for the specific purpose described.
  2. Terms and Conditions. This Permit and the rights under this Permit are subject to the general terms and conditions attached to this Permit as Exhibit “B” and the special terms and conditions, if any, attached to this Permit as Exhibit “C” and subject to the rules and regulations of the District in effect on the date the application was filed and any subsequent amendments to the rules and regulations, a copy of which may be obtained from the District’s office. Permittee’s application for this Permit and all associated drawings and specifications and the District’s rules and regulations are incorporated by reference the same as if fully set forth at length.
  3. Assignability. This Permit shall be assignable by Permittee and shall bind and inure to the benefit of the Permittee, Permittee’s personal representative, successor and assigns and to the benefit of the District and the District’s successors and assigns, but an assignment is not effective unless and until notice of the assignment is filed in the deed records of the county where the crossing is authorized by this Permit and Permittee shall give written notice to the District.
  4. Revocation and Abandonment. This Permit along with its rights and privilege shall be subject to revocation by the District if Permittee fails to comply with any term or condition incorporated by reference into this Permit; or if the Permittee ceases to use and abandon the rights and privileges granted by this Permit for a period of two consecutive years or fails to install the authorized utility facilities across District’s canals on or before two years after the date of this Permit; or if the Permittee requests the District to revoke the Permit. The Permittee’s agreement to indemnify the District shall survive the revocation of the Permit by four years and one day, unless a claim or action is presented prior to revocation of the Permit or within the four year period following revocation, in which event the Permittee’s duty to indemnify the District will survive until the claim or action is resolved.
  5. Duration of Permit. This Permit along with its rights and privilege shall become effective upon acceptance by the Permittee and filing in the deed records of the county where the crossing is or will be located and shall remain in effect until this Permit is revoked upon the filing in the county deed records a notice of revocation by the District.
  6. Indemnity. THE PERMITTEE AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE DISTRICT AND ITS OFFICERS AND EMPLOYEES AGAINST ANY SUIT, LIABILITY, CLAIM, DEMAND, OR DAMAGE ARISING FROM THE EXERCISE OF APPLICANT’S PRIVILEGES UNDER THE PERMIT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY OR DEATH AND ATTORNEY FEES.

Issued this ___ day of ______________, 200___.

                                                                       

By:                                                     

Title:                                                  

ACCEPTED by Permittee on this ____ day of _____________, 200___:

PERMITEE:

                                                                       

By:                                                                 

Title:                                                              

ACKNOWLEDGEMENT

STATE OF TEXAS                           §

COUNTY OF MEDINA                   §

 

This instrument was acknowledged before me on the _________ day of ______________, 20__ by _____________________, President of BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, on behalf of said Water District.

_________________________________

Notary Public, State of Texas

My Commission Expires: ____________

ACKNOWLEDGEMENT

STATE OF TEXAS                           §

COUNTY OF MEDINA                   §

This instrument was acknowledged before me on the _________ day of ______________, 20__ by ________________________, President of _______________________________ on behalf of said _________________________.

_________________________________

Notary Public, State of Texas

My Commission Expires: ____________

ROADWAY PERMIT TO CROSS IRRIGATION CANAL OF BEXAR-MEDINA-ATASCOSA COUNTIES WATER DISTRICT NO. 1

STATE OF TEXAS                           §

KNOWN ALL MEN BY THESE PRESENTS

COUNTY OF BEXAR                      §

THAT, The BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, (herein referred to as Grantor), does hereby grant an non-exclusive ingress and egress Roadway Easement to _________________ (herein referred to as Permittee), his heirs and assigns, subject to the following terms and conditions, across the ________ Canal whereby the Permittee can enter his property to which ingress and egress has been requested, said property is more particularly described as follows, to-wit:

 

[legal description]

 

This Permit is made only under the following terms and conditions, to-wit:

  1. The Permittee, his heirs and assigns, acknowledge that the above described _________ Canal property is owned and operated by the BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, and said Canal property has a width of ___________ (____) feet;
  1. This Permit is made and shall remain secondary and inferior to any and all functions, operations, and uses of the _______ Canal property by the BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1; and the Permittee and his heirs and assigns, acknowledge that the BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 relinquishes none of its superiority or uses in said Canal property;
  1. BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 does hereby authorizes the installation and maintenance of a culvert crossing, in accordance with the plans showing __________________ for the permit and the District’s technical specifications;
  1. This Crossing Permit shall service all of the above described property. The Permittee understands that no other permits shall be granted to service said Tract, even though said tract may be subdivided;
  1. The Permittee hereunder accepts this grant with full knowledge that the culvert on the _______ Canal may be temporarily removed from time to time by the BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, their employees, agents or successors, for the purposes of carrying out the business of the Water District;
  1. The Permittee, his heirs and assigns, by acceptance of this Permit shall acknowledge that the Grantor herein, its successors or assigns, does not assume any responsibilities for backup waters, repairs to any of the canal crossing structures, such as culverts or bridges, or any responsibility or liability for accidents, injuries or damages, occurring near or on the above described permitted crossing area;
  1. The Permittee, his heirs or assigns, agree not to impair the use of the canal property by the Grantor herein, or obstruct in any way the water flowing through the Canal;
  1. Permittee, his heirs or assigns, shall at all times, abide by the rules and regulations of the Grantor, BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 and all amendments and modifications thereof.
  1. Permittee, his heirs and assigns, acknowledge that the grant made hereby is for the purpose of ingress and egress only and no other use shall be made of the Canal property, and property rights of the Grantor shall at all times be respected and acknowledged;
  1. The Permittee shall pay the Canal Crossing Permit fee as well as all costs incurred by the Grantor, which shall be itemized and set out in a separate document;
  1. The Permittee agrees that the terms of this document shall be binding on him, his heirs, assigns and successors, in and to the above described tracts.
  1. The Permittee agrees that the terms and conditions stated in the District’s canal crossing policy as of the date of the issuance is incorporated into this Permit by reference as if duplicated herein and that such terms shall be binding on him, his heirs, assigns and successors.
  1. THE PERMITTEE AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE DISTRICT AND ITS OFFICERS AND EMPLOYEES AGAINST ANY SUIT, LIABILITY, CLAIM, DEMAND, OR DAMAGE ARISING FROM THE EXERCISE OF APPLICANT’S PRIVILEGES UNDER THE PERMIT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY OR DEATH AND ATTORNEY FEES.

AGREED, GRANTED AND ACKNOWLEDGED this ___________ day of _____________, 20___.

GRANTOR:
Bexar-Medina-Atascosa Counties
Water Control and Improvement District No. 1

By: __________________________

PERMITTEE:

By: __________________________

ACKNOWLEDGEMENT

STATE OF TEXAS                           §

COUNTY OF MEDINA                   §

This instrument was acknowledged before me on the _________ day of ______________, 20____ by ________________, President of BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, on behalf of said Water District.

_________________________________
Notary Public, State of Texas
My Commission Expires: ____________

ACKNOWLEDGEMENT

STATE OF TEXAS                           §

COUNTY OF MEDINA                   §

This instrument was acknowledged before me on the _________ day of ______________, 20____ by ________________, President of BEXAR-MEDINA-ATASCOSA COUNTIES WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, on behalf of said Water District.

_________________________________
Notary Public, State of Texas
My Commission Expires: ____________

RETURN TO:

Bexar-Medina-Atascosa Counties
Water Control & Improvement District No. 1
P.O. Box 170
Natalia, Texas 78058