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Max Online: 36273 @ 01/23/13 02:34 PM
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#11496664 - 03/23/16 05:15 PM Question about my private bass pond?
big mike Offline
Extreme Angler

Registered: 12/19/04
Posts: 2647
Loc: forney, tx
Sorry if this is the wrong section, but needed some sound advice on my private bass pond. My pond is a shared pond, with myself owning about 3/4 of it. It has one natural drain/creek that happens to be on my neighbors side. When it floods, this is where the overflow water goes. I noticed today that he has built a dam about 16-20 inches high that blocks the drain. Is this legal to do in Texas? I'm worried now that when it floods the water could flood my property. Any help appreciated.
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#11496754 - 03/23/16 05:50 PM Re: Question about my private bass pond? [Re: big mike]
fouzman Online   content
Methuselah

Registered: 01/20/09
Posts: 43071
Loc: Houston, TX
Not legal w/o first consulting the state, but I wouldn't call 16-20 inches much of a dam. Phone your local GW. He'll know the correct answer. tpwd.texas.gov, I think. Go to "Game Warden" at the top. Then "Find My Game Warden". Select your county and you'll have their names and phone numbers.


Edited by fouzman (03/23/16 06:02 PM)
_________________________
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.

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#11496943 - 03/23/16 07:10 PM Re: Question about my private bass pond? [Re: big mike]
timwins31 Offline
TFF Celebrity

Registered: 02/04/11
Posts: 5545
Loc: DFW
Definitely not legal without some paperwork first. And really kind of a jackwagon move to do it and not even talk to you about it. I'd do what fouz said and call the GW, I'm sure they'll point you in the right direction.

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#11496970 - 03/23/16 07:26 PM Re: Question about my private bass pond? [Re: big mike]
pocfishin Offline
Outdoorsman

Registered: 07/03/05
Posts: 33
Loc: San Marcos

A person is allowed, without a permit, to impound a certain amount of water. See below. http://fisheries.tamu.edu/files/2013/09/A-Pond-to-Call-My-Own-Understanding-Water-Law-in-Texas.pdf

However, if his impoundment floods your property, then this is more than likely a civil matter.

I would contact the federal Natural Resource Conservation Service or Texas Commission on Environmental Quality office for your area.

As always, it's better to try and work it out with neighbors before involving lawyers.

"The Texas legislature has
encouraged the development of certain
types of small ponds and lakes by
exempting some landowners from the
surface water permit process. It is often
called the “stock tank” exemption. Section
11.142 of the Texas Water Code allows a
person, without obtaining a permit from
the TCEQ, to construct
“…on their own property a dam,
pond or reservoir storing not more than
200 acre-feet of water for domestic and
livestock and fish and wildlife purposes.”

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#11497012 - 03/23/16 07:42 PM Re: Question about my private bass pond? [Re: big mike]
big mike Offline
Extreme Angler

Registered: 12/19/04
Posts: 2647
Loc: forney, tx
Thanks for the input. I was under the assumption that it was illegal to obstruct the original flow of water from a creek/ drainage area.
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#11497138 - 03/23/16 08:15 PM Re: Question about my private bass pond? [Re: big mike]
fouzman Online   content
Methuselah

Registered: 01/20/09
Posts: 43071
Loc: Houston, TX
Agree with talking f2f with the other "landowner", first. If that doesn't work, consider asking your GW for guidance. Research 23.51 of the Tax Code, too. Best of luck.
_________________________
"Things turn out best for those who make the best of the way things turn out" - Zachary Troy Schrah - a young man with vision far beyond his years.

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