When water control facilities are classified as a utility and a right of way item, follow procedures normally used for utility adjustments. The adjustment can be accomplished by the LPA, the water control authority, or, with the Design Division’s concurrence, as part of the TxDOT construction contract.

Reimbursement for the adjustment should follow the appropriate procedure, as set forth in Chapter 8, (SUP) or Chapter 8, , (LUP).

If the water control work is to be included in the construction contract, the Design Division will furnish plans and quantities of the adjustment items to the ROW Division for review to ensure that the proposed adjustment is eligible and to identify any ineligible betterments. The ROW Division will then advise the Design Division regarding its findings and either approve the plans or furnish comments. The Design Division will then contact the Finance Division, if appropriate and request that an Advanced Funding Agreement be drawn up and forwarded to the District for execution by the LPA. The LPA will advance necessary funds to TxDOT for this right of way item; economically disadvantaged LPA’s will obligate funds. If TxDOT assumes the right of way acquisition function under the SUP, an Advanced Funding Agreement would be required for those adjustment costs determined ineligible for TxDOT cost participation. This procedure will normally take care of those adjustments where all of the costs can be paid under the TxDOT contract.

When right of way must be acquired for placement of the relocated water control facility, acquisition by the LPA or the water control authority must be covered by a separate agreement, or by a clause in the Advanced Funding Agreement that will provide for reimbursement for acquisition of any required right of way. Water control facilities classified as a utility right of way item, and included in the highway construction contract, should be identified with the ROW CSJ/ROW Project ID Number.