After (if) overcoming any legal hurdles, I would investigate construction of a secondary dam to keep water confined to your land. Spreading the waters onto neighboring properties invites all sorts of potentially undesirable activities. What if some of his friends or heirs decided to bucket stock white crappie, carp, or bullheads, for example? Or, if they put in a dock and feeder on that side to attract and catch your best fish?
Well , according to the USACOE permits are now required for ponds that are for fishing and recreational purposes. Stock ponds are only for livestock and they must be sized appropiatly to the size of the heard being ran. This should get interesting.
Minimum watershed from his property. You can see a very small pond in the woods on the East Northeast side of the proposed lake that I posted the other day. That valley that feeds that pond runs into the lake. He will have around 3 acres of property under water when complete.
Well , according to the USACOE permits are now required for ponds that are for fishing and recreational purposes. Stock ponds are only for livestock and they must be sized appropiatly to the size of the heard being ran. This should get interesting.
Ah ha, that explains how a certain Wyoming rancher was allowed to keep his "stock pond". Looks like the trial run exposed a loophole that they have now closed.
"Forget pounds and ounces, I'm figuring displacement!"
If we accept that: MBG(+)FGSF(=)HBG(F1) And we surmise that: BG(>)HBG(F1) while GSF(<)HBG(F1) Would it hold true that: HBG(F1)(+)AM500(x)q.d.(=)1.5lbGRWT? PB answer: It depends.
[quote=David Connor]They assured me that I would not lose my pond. I just need to get legal. Pay some fees
It's all about money
Do not bet on that. I never advise clients to count on anything the COE says. Get it in writing from an authorized officer - even that can be a risk. I have seen pond owners be forced to drain ponds and reclaim the land on top of fines and jail.
I think the plans are already ruined by giving them information...always better to be an anonymous caller with a hypothetical question. They threatened to fine my uncle many years ago for mowing a path from his yard to the COE lake shore that was a couple inches too wide. The nit pickers would come out with a tape and measure it exactly. Everything I have heard about them is they are completely adversarial. Best to buy a place with an old pond on it and clandestinely clean it out. I wonder if they have been coming after suburbanites for building 2,000 gallon back yard goldfish ponds? There is nothing said about how small it can be, and not be under jurisdiction.
I'm with ewest and John F on this one. Get an attorney that is well versed in COE legalities. I really, really like the idea of a secondary dam to keep the water on your property only.
What has been said already would be my concern. Not him, but any heirs. What if they conveniently forgot to give you first right of refusal. What if the land is in his will and he leaves it to an heir that likes to fish and "knows it all", and stocks fish that don't coincide with your management plan? Or feels that since the BOW is also on their property that they have right to utilize all the water as they want to?
What if they like to water ski and put a dock and a ski boat on their part and use the whole thing?
Once I get the easement from him, I plan on putting a secondary road in a little past half way up the lake. Basically a road through the lake. At on point a ill put in a bridge that will only allow a small boat to pass. This will give us a secondary access to our house, plus keep him from accessing the big end of the lake were sking could happen, but it wont stop me from getting into the north end of the lake with my mini pontoon boat. I'm looking for one of the old military bridges.
Ive decided to put things on hold any way to let things calm down. The local timber company has said that if can give them a year to get the timber out that he can give me a far better price. That kinda works out perfect considering the all the bs I just ran into.
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