Pond Boss Forums INTRO Questions & Observations neighbor installed field drain tile *frowns*

just getting in, been down in the bottoms, trying to check out the erosion between the lake and creak.

*_insert lots of nasty words_* ya i need to cool down.

3 feet deep, 3 feet wide. channel eroded. drain tile that was there. is no longer to be found. you can see fresh roots sticking out along the eroded path. as in just being eroded away recently. heck just digging out a trench with a backhoe or excavator. leaves a better looking tench and roots you can see dangling, compared to this mess.

darn near fell down one spot.

i know the area in the bottoms, i need to wait till late fall/early winter when all leaves fall off trees, and vegetation dies back to get a good grasp of issues. area is just to steep to begin with to mow let alone walk and lots of trees and brush/bushes in the area. but the path used to get to front portion of pasture is completely gone. if you drive truck, you go nose down and rear end ends up sticking clear up in the air. an ATV or UTV would be deadly. the eroded path is straight (bubble level) level vertically. not V or wide U shape. but right angle box shaped eroded away. not even a slight difference right at top of ground running along side of the eroded area. just looks like a backhoe went straight through the area.

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DNR (department of natural resources) thanks for lead czimmerm.
DNR = deals with dams will get them out this way and check the dam out.

US army corps of engineers = i need to get a hold of, see if i can get someone out here.
--a bit mind numb. reading a good portion of the guides they have on there website.

PEORIA COUNTY SWCD (Soil and Water Conservation District) part of agricultural department, person in charge of issues related to me and like is out planting and will be contacting me later on this week.

have third party excavation company coming out today hopefully for a quote to get things done. maybe jumping gun to get a bid. but i need to start some place.

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went over to other road were neighbor primary enterence is. and it looks like all water for their field is darn near all draining towards me through the single larger drain tile.

i took some video using a smaller container that i could actually fit under drain tile on my property. as how quickly it fills up. need to get a digital scale, and crank on VLC settings to display mili seconds. to start getting numbers of GPM coming out of drain tile.

re took some measurements for shore/bank of lake were dock attaches. looking at around 125 feet of shore/bank, were primary fishing dock, looking at lake from picnic area and cabin is visable. most likely will be pressing for a retaining wall to be put in. for that entire length.

the bridge. looking more at it. it is going to need 2 posts per end, and then a platform or 2 per each end (large wide steps). to be installed. to deal with hill sides that the shore/bank has been eroded away.

with rest of the shore/bank of lake. i am going to have to wait for an engineer. and see what they say. i am just at a lost, of what will need to be done. as in rock being brought in. or retaining wall built clear around lake or what. any more erosion. and talking 1' to 3' feet straight down vertically shore line of dirt. the more it erodes the more height difference will happen due to hills.

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i am not really interested in trying to walk down into area were i want the sediment ponds installed. saw a coyote, large freaking raccoon, or stray dog. a few times now in that area. will be waiting for another person to be with me before venturing into the area. (ya me big chicken), and have seen what coyotes can do to cattle a few times before. no thanks.

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will see if pictures turned out, and upload more pictures latter on.

*back to work*

all very confusing - all I know is if someone came on my property for any reason without permission and built something my attorney would be in direct touch with them quickly

Boggen, while surface water liability issues vary from state to state, a general rule - subject to lots of exceptions and interpretations of state specific laws from state supreme court to state supreme court - regarding redirection of surface water is that there may be liability for diverting water onto neighboring land.

Your neighbor's act of installing tile on your property is a pretty brazen act that may, at a minimum, amount to civil trespass if not criminal trespass in addition to providing a basis for you to assert a civil claim in the appropriate court in your jurisdiction.

If you don't already have an attorney lined up, let me know via PM here. I am pretty well connected with attorneys in every state via a couple of national organizations in which I am a member. I'd be happy to make some inquiries for you if you need the assistance.

Todd

one thing to cross off list. went to court house yesterday and went back through all the deeds and surveys to verify that there was no such easements or like and there is none for neighbors property.

the only easement that came about was a county road being built some time in the 1950's or 1960's and that road is on opposite side of property than of neighbors property.

Off point, but curious. I often read and hear of someone claiming "my attorney will etc,etc". Do you guys have attorneys? I have a doctor, a dentist, an automotive mechanic, even a contractor, but no attorney. I've personally or directly utilized their services twice in my lifetime that I can recall, so was just wondering if other people spent enough time with an attorney that they "had one"? As I said, just curious.

My situation is obviously a bit different since that's what I do for a living, but I know a lot of folks that do have an attorney on retainer in connection with their businesses and, typically, it's for purposes related to those businesses. However, the attorney inevitably fields a lot of other, unrelated questions when other things come up.

I'd say the more common scenario is that someone used an attorney once for something and figures they are their attorney for life. I have a lot of those folks. I'm usually happy to offer a quick thought or point them to someone who practices in the area of law they need if it's not something I do. While I don't take retainers for being "their attorney", if I can give someone a little peace of mind, why not? Besides, those people make referrals to me when someone they know does need representation so it works out well for both of us.

Todd

One other point, boggen - you need to be very cautious about what you say, post, or otherwise share about your situation outside of an eventual attorney-client relationship. There is no legal confidentiality in anything communicated outside of that relationship, meaning anything you say, post, or otherwise communicate can be brought into the litigation process and potentially used against your position in the case. Seeking advice on pond management is great, but just be cautious about the sort of information you choose to share.

Gotcha. Thanks Todd, was wondering about that.

Happy to oblige! At least I can say I've helped one person today if nothing else goes well!

secchi disk
https://www.youtube.com/watch?v=J2M4McUmU1s

is there a specific diameter, or reflective surface that is needed for DIY? spending $40 to $100 bucks seems a bit expensive. for what is a piece of plastic that is painted black/white, and some weight added to it, and a string attached.

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i no longer have a koi/goldfish pond or aquariums. so in that no longer have any test kits. and at moment being a big dumb dumb of what tests i need.

any suggestions for test kits?

any suggestions for water samples that i could take to a lab? as in what specific things to get lake water tested for?

ones that come off top of my head are.
nitrite
nitrate
ammonia
phosphorus
dissolved oxygen
ph

IF there is corn planted test for atrazine. It is highly water soluble and will flow with water. Blue gill will not breed if just a little is present.

I expect to see high levels of phosphorus and nitrates with a low PH of 6-6.5

boggen, I use the top of a 5 gallon paint bucket; no paint. Drill a small hole in the middle; insert a cord and attach a weight.