Pond Boss Forums GENERAL QUESTIONS Help possible legal trouble, need advice

Coach, sorry to hear about this issue. You are getting a lot of good advice though. JHAP, good advice regarding the legality of the pond construction in the first place. You certainly don't want to raise any flags around an illegal pond.

A couple of thoughts that spring to my mind.

1. Riparian water rights- Riparian Rights: Riparian rights are those where water is extracted for use on lands that directly boarder the stream. Any owner of a parcel immediately adjacent to a water course has the right to take water for domestic and agricultural use at any time unless specific deed restrictions are stated in the title to the land. Riparian rights do not require a permit from the SWRCB, however, the SWRCB requests that riparian water users file a statement of diversion and use.

Water may be diverted from upstream areas for delivery to downstream riparian lands as long as agreements are in place with the land owner at the point of diversion and no damage is inflicted on intervening land owners. Riparian rights are not superior by virtue of prior use, so proposed new reasonable use and streamflow diversions have equal standing under the law. Because of these statues, the SWRCB can not resolve differences between holders of riparian water rights. If insufficient water is available for all riparian users, ultimate recourse is in the courts. Water taken by virtue of riparian water rights cannot be impounded for deferred use. Riparian water rights also cannot be transferred to non-riparian owners.

Things may be different here in California (land of the enviro-nazi's) than in your neck of the woods, but find out about your water rights, they may give you leverage or perhaps make the battle not worth fighting.

2. Dealing with wetlands is dangerous business. Be careful who you even mention the word wetland to as this will raise flags with a whole slew of different state and federal regulatory agencies.