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Question about my private bass pond?
#11496664
03/23/16 10:15 PM
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Joined: Dec 2004
Posts: 2,821
big mike
OP
Extreme Angler
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OP
Extreme Angler
Joined: Dec 2004
Posts: 2,821 |
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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Re: Question about my private bass pond?
[Re: big mike]
#11496754
03/23/16 10:50 PM
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Joined: Jan 2009
Posts: 50,006
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,006 |
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.
Last edited by fouzman; 03/23/16 11:02 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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Re: Question about my private bass pond?
[Re: big mike]
#11496943
03/24/16 12:10 AM
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Joined: Feb 2011
Posts: 5,545
timwins31
TFF Celebrity
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TFF Celebrity
Joined: Feb 2011
Posts: 5,545 |
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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Re: Question about my private bass pond?
[Re: big mike]
#11496970
03/24/16 12:26 AM
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Joined: Jul 2005
Posts: 87
pocfishin
Outdoorsman
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Outdoorsman
Joined: Jul 2005
Posts: 87 |
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.pdfHowever, 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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Re: Question about my private bass pond?
[Re: big mike]
#11497012
03/24/16 12:42 AM
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Joined: Dec 2004
Posts: 2,821
big mike
OP
Extreme Angler
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OP
Extreme Angler
Joined: Dec 2004
Posts: 2,821 |
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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Re: Question about my private bass pond?
[Re: big mike]
#11497138
03/24/16 01:15 AM
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Joined: Jan 2009
Posts: 50,006
fouzman
Methuselah
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Methuselah
Joined: Jan 2009
Posts: 50,006 |
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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