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When the dam isn't on your property?
#499999 12/27/18 11:45 AM
Joined: Jul 2018
Posts: 17
T
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Joined: Jul 2018
Posts: 17
So we have run into a problem, north Texas has gotten lots of heavy rains lately and the spillway on the pond is getting clogged up with debris and isn't draining properly which is causing the pond water level to rise and is flooding part of my property.

The problem is the spillway and dam are not on my property. Over the past weekend I went over there and started trying to clear it but only made minimal progress. After talking with a family member they recommended not trying to clear it in case I cause any damage on his property.

What recourse do I have other than trying to contact him to better maintain his spillway?

Re: When the dam isn't on your property?
TxBrewer #500000 12/27/18 12:09 PM
Joined: Oct 2015
Posts: 2,283
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J
Joined: Oct 2015
Posts: 2,283
Probably no other recourse, if the dam was there when you bought. Hopefully, you can have friendly relations with the dam's owner. Other than that, probably your only recourse to end the problem is to sell, or buy the part that contains the dam and spillway. Shared ponds are usually a problem; check old threads here.

Re: When the dam isn't on your property?
TxBrewer #500012 12/27/18 02:55 PM
Joined: May 2009
Posts: 4,700
Likes: 3
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If your property is getting flooded due to trash in the existing spillway, then in my state, the landowner on which the spillway is located is responsible for keeping it clear. That said, if you can get permission to clear it yourself, then maybe that would be the neighborly thing to do. The rule is that you cannot back up water on someone else's property (water as the common enemy).

Last edited by RAH; 12/27/18 04:18 PM.
Re: When the dam isn't on your property?
TxBrewer #500029 12/28/18 03:39 AM
Joined: Jan 2006
Posts: 14,381
Likes: 1
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Agree with John about shared ponds. Look into a siphon system.


It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.

Without a sense of urgency, Nothing ever gets done.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley Rancher and Farmer Muleshoe Texas 1892-1985 RIP
Re: When the dam isn't on your property?
TxBrewer #500030 12/28/18 07:41 AM
Joined: Dec 2018
Posts: 184
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Posts: 184
Move the dam to your property? Can't be cheap.


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