10.14.2008

Ditch Crossings and Easements

Crossing Agreements are required for any activity on Beaver Park Water, Inc. Right-Of-Ways and must be voted on by the Board of Directors. This includes bridges, culverts, flumes, pipes, utilities and residential access via operation and maintenance (O&M) roads. Please contact the office to put your item on the Agenda

Beaver Park Water
Ditch Crossing Policy
Bridges, Culverts, Flumes, Pipes, Utilities, Etc

  • I. New Construction
    1. All new construction must be approved by the Board Of Directors.
    2. Crossing permits must be on file with the county and BPW office.
    3. Site location and design will be approved by the Board Of Directors.
    4. BPW must be notified 24 hours prior to construction.
    5. All costs of construction and future maintenance costs (material, labor and equipment) are the responsibility of the landowner.
  • II. Existing Crossings
    1. All maintenance costs (material, labor and equipment) on non-BPW crossings are the responsibility of the landowner.
    2. Incidental deterioration over time due to canal operations is the responsibility of the landowner.
    3. Crossings that are not maintained by the landowner and, in the view of the Board of Directors, pose a hazard to the operation of the district may be repaired or removed by BPW at the expense of the landowner.
    III. Maintenance Responsibility Defined
    1. Crossings that are used for residential or farming access only are the responsibility of the landowner.
    2. Crossings that are required for the daily operation of BPW are the responsibility of BPW. 3. Any damage to BPW crossings caused by residential, farming or incidental use is the responsibility of the person causing the damage (material, labor and equipment).
    IV. Control of BPW Crossings
    1. Crossings will be restricted to BPW personnel except in the case of adjacent landowners who need access for practical operation of their farm.
    2. Residential use of BPW crossings is prohibited.
    3 Revocable crossing permits may be granted by the Board of Directors on a case-by-case basis.
    V. Crossings Defined
    1. A crossing is any structure that crosses any BPW right-of-way, including but not limited to: abutments, footings, pillars, stringers, decking, guardrails, above and below ground cables, posts, fences and earth works including roads, embankments, rip-rap, and drainage ditches.
    VI. Reimbursements
    1. Individuals responsible for damages, direct or indirect, shall be liable for any cost, fees or disbursements necessary to collect such damages.