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#499999 - 12/27/18 11:45 AM When the dam isn't on your property?
TxBrewer Offline


Registered: 07/11/18
Posts: 17
Loc: North Texas
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?

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#500000 - 12/27/18 12:09 PM Re: When the dam isn't on your property? [Re: TxBrewer]
John Fitzgerald Offline


Registered: 10/27/15
Posts: 2254
Loc: S. end of Elkins, Arkansas
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.
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#500012 - 12/27/18 02:55 PM Re: When the dam isn't on your property? [Re: TxBrewer]
RAH Online   content
Lunker

Registered: 05/17/09
Posts: 4616
Loc: Indiana, Boone County, 25 mile...
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).


Edited by RAH (12/27/18 04:18 PM)

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#500029 - 12/28/18 03:39 AM Re: When the dam isn't on your property? [Re: TxBrewer]
Dave Davidson1 Offline
Moderator
Lunker

Registered: 01/04/06
Posts: 14207
Loc: Hurst & Bowie, Texas
Agree with John about shared ponds. Look into a siphon system.
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#500030 - 12/28/18 07:41 AM Re: When the dam isn't on your property? [Re: TxBrewer]
wannapond0001 Offline


Registered: 12/11/18
Posts: 184
Loc: Ohio
Move the dam to your property? Can't be cheap.

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