17B-2a-208 - Bridge or culvert across a public highway, road, or street, or a railroad right-of-way -- Notice to railway authority -- Option of railway authority to construct bridge or culvert.
17B-2a-208. Bridge or culvert across a public highway, road, or street, or arailroad right-of-way -- Notice to railway authority -- Option of railway authority toconstruct bridge or culvert.
(1) (a) A drainage district may construct each necessary bridge and culvert across orunder a public highway, road, street, or railroad right-of-way to enable the district to constructand maintain a canal, drain, or ditch necessary as part of the drainage system of the district.
(b) Before a drainage district constructs a bridge or culvert across or under a railroadright-of-way, the district shall first give notice to the railway authority empowered to build orconstruct bridges and culverts.
(2) (a) A railway authority may, within 30 days after the notice under Subsection (1)(b)and at its own expense, build the bridge or culvert according to its own plans.
(b) Each railway authority that builds a bridge or culvert as provided in Subsection (2)(a)shall construct the bridge or culvert:
(i) so as not to interfere with the free and unobstructed flow of water passing through thecanal or drain; and
(ii) at points that are indicated by a competent drainage engineer.
Enacted by Chapter 329, 2007 General Session