Pond Boss Forums INTRO New Forum Member Introduction neighbor wants access to irrigation pond

Hello! I am a newbie to this forum and to ponds in general, and I need some advice. I have a question about sharing our irrigation pond with our neighbor. First a little background...

We have a small cabin in Central Oregon on 5 irrigated acres. We are there only part-time, a few weeks out of the year. We have an irrigation pond on our property, but the neighboring 5 acre property does not. We have new neighbors there who moved in a couple of years ago. They have been using their house water instead of irrigation water, and I think it has been very expensive for them. They are asking to share our irrigation pond with us instead of installing their own pond. We have not yet discussed anything with them beyond this request.

Sharing irrigation would require the expense of combining our system with theirs. A few years ago the system was combined but then legally and professionally separated when the then 10-acre property was legally separated into two 5-acre properties. The cost to separate the systems was expensive, around $5000.

Of course I want a good relationship with our neighbors, but I have a few concerns about this arrangement and wanted to run this scenario by anyone here who has experience with this. Has anyone shared their irrigation pond with a neighbor? Has it been a good outcome and/or have there been any unforeseen issues?

My main concerns: if we decided to sell our property in the future, the system would have to be separated again (for a high cost) and that seems like the biggest issue. Also if we wanted to automate our system in the future, that seems complicated with a shared system. The other issue would be having to share the bills between electricity and yearly water expenses for a shared pond. They seem like really nice people, but we do not really know them since we are only there a few weeks out of the year.

I may be missing other potential problems and am hoping someone could point them out?

I don't want to close the door and say "no" without thinking this through since it may work, but I also don't want to get ourselves into a big mess that would cause problems for either party in the future.

Any sound advice from those who have experienced this kind of situation would be greatly appreciated! Thank you kindly for your thoughts and advice based on your experience or expertise.

I know next to nothing about irrigation systems, but it sounds like they want to use more than just the pond itself? As in, using your pumping equipment? (You mention sharing electric bills)

No way would be my answer, although I understand the desire to remain on good standing with a neighbor. I MIGHT consider letting them simply drop a hose in the pond and pump some water,(using their pumping system), with usage monitored carefully, but not the equipment needed to transfer it.

If you do decide to help them out, I would enlist the services of an attorney, and have some paperwork drawn up that outlines what's expected, and provided. I would also want any future costs associated with separating the system yet again to be paid for by them. Including if/when they or you, decide to move.

I'm with Spark on what he mentioned.

Might also put it to them this way: You paid 5,000 to separate it. So you need that amount back to recover that cost you have in it that was no benefit to you. Then they have to hire/pay to convert it for sharing again. My guess would be the cost is similar to what it cost to separate at 5,000. That means they are looking at a cost of 10,000+. I would guess most folks would say "nevermind, I'll just keep paying the water bill". If they still are interested, better get a good agreement in writing....

My initial thoughts are "no way!" I personally only see downsides for you, especially disputes over water rights.

However, if you should consider more than just a "no" I would follow what Sparkplug posted above.



Oh, and welcome to Pond Boss.

Ken

I think you might consider a month-by-month rent on the pond water, if they invested in their own irrigation system. That seems fair considering that you likely paid more for your property with a pond. I would also make it clear that the continuation of the rent would be contingent on your considering the arrangement mutually beneficial, and that you have the right to terminate the arrangement at any time. A clear written contract will greatly reduce stress in the future. In that way, you are not saying no, and you still maintain control. It is always nice to have a good relationship with neighbors, but establishing clear expectations from any arrangement like this is only smart. You could charge them only a small amount to cover a lawyer looking over the agreement for you. You just need an out clause that is iron-tight in case things go south.

My recommendation is to never have a partner on anything unless you feel you have to have one. The pond would be a partnership. That being said, I have a neighbor partner with a water well. It was due to being a good neighbor. It has worked so far but I may drill another well before its all said and done with, because I have future plans that may require additional water. So sometimes a partnership is ok, if you have other avenues available.

Tracy

I am curious about this statement. If their house water is a well, the expense is running a pump, right? How is that more expensive than running a pump to take water from your pond?

My gut would be to say no. In this society today, all I see this doing for you is creating grief with no real benefit.

My .02
Doc

Bill D., when I lived in So. Cal., I looked into dropping a well just for irrigation (I lived on 1/2 acre). I was in an incorporated area, and the sewer tax rate was based on how much water I used for the house (water was city water and metered).

I was told that I could drop a well, but that the city would put a meter on that too, and charge me for the water.

It would make sense then. I thought this was a rural property.

Maybe the well pump setup is much too small for the irrigation needs, as well as running the house. The wrong rig could eat a lot of $$$ trying to satisfy everything and still not be sufficient for their requirements.

Not enough info here to go on tho.

If its not broke dont fix it . What happens if you guys disagree on anything .

That's why the guy with the water source someone else desires to use, NEEDS TO BE IN CONTROL. No disagreements, you just shut them off. Like paying your electric bill.

However you implement YOUR CONTROL of the situation is up to you.

Best control in my opinion would be to say no.

In agreement and support of everyone else's opinion, I would say "NO". Just let them know you paid a lot of money to separate the systems and are not inclined to reconnect them. Remember, no good deed goes unpunished.

If you say yes now, changing your mind later will definitely ruin any relationship with the neighbor. Say no now, give a reason and you may be able to create a friendship.

If you have a goal of sharing costs associated with the pond and the pumping then I would follow others advice above. I have witnessed difficulties in ending water sharing arrangements regardless of contracts. Water is becoming a more and more sensitive topic (and commodity).

Maybe you could get one of those big spray cannons they use on small irrigation area's and just spray water at them.

I hate neighbors.

An old time Texas ranch saying, "Whiskey is for drinking and water is for fighting over.".

Dave, u got that right !! In some parts of Texas a water well is worth more than an oil well.

Tracy

I have heard many times that more people have been killed out West over water than anything else. Not worth having to kill your neighbor later on because you were trying to be nice now.

I would politely decline, and would not give any reasoning, except maybe to say 'it is not in our best interest.'

Water Rights battles are going to be more and more prevalent, and once someone thinks they have a 'right' or are 'entitled' to your pond, logic and common sense may be simply gone where the courts are concerned.

It is tough - because you never know when you might be in need and if you don't handle it very nicely then come time for you requiring assistance you might very well find that neighbor turns his back on your request.

So tread lightly and give serious consideration to your situation both now and in the future. Try to come to an answer that is logical, understandable, and empathetic so that your neighbor doesn't go away mad if you turn their request down.