Pond Boss Forums GENERAL QUESTIONS Muddy water Creek went dry because someone diverted the Water

My question is if someone diverted the water in a creek
to another place and left 2 miles of creek bed go dry
for a week-what rights do I have as a landowner.
This happened to me last week when our creek
dried out for the first time in 25 years.
I was trying to build a small stone dam
along our creek.

I thought to myself is this even worth it if someone
is stealing the creek?
Russ

I think if did that, I would probably get in trouble. But, I'm not sure what the laws are in Pa. I think I would contact the NRCS and try to find out what the story is.

You said "for a week". What does that mean?

Rusty,
Where are you located in PA? I live in PA and had to get a permit from DEP (waterway restriction) and Luzerne County Soil and Conservation (erosion control plan) to divert a sesonal creek to install a drainage pipe. When I contacted them on it I was informed if I didnt get the permit and they were notified I would have received fines in excess of $10000.00 and still had to get a permit after the fact.

Dave the creek went dry for like 7/8 days "1 week" I'll keep the NRCS in mind thanks for your reply!

Brian this creek is in Susquehanna. The Dam was already there and established when we bought the property. 10 grand wow thats no slap on the wrist. Thank you for your input.
Russ

Rusty...
Dave is right; start with the NRCS. I wouldn't drag my feet on this one. But remember; you will likely go fairly high profile. Not only with the neighbors, but also the NRCS. You don't want to have them looking down their noses at your stone dam or any other related project that is not gubmint approved.

True Brettski - point taken. Although many neigbors have small dams like mine too and they would have to fine us all. But point taken.
Tx Russ

RustyFisher, every state is different. In general, especially as you go west, taking someone elses water is serious beyond belief. I think that for all of us, defending our right to upstream water is worth fighting for.

Do you know what they did with one weeks worth of water?

I'm thinking it could have been a fire truck draw down, from one of the supplier ponds. Other than that maybe someone digging a Dam out and diverting the water some where else than back in the creek. Tx for your reply.
Russ

Hi Norm
Thanks for your
reply , I hear ya. Its worth fighting for no doubt.
Building a dam (a small one) is one thing -it fills spills over and everyone down stream is still ok. But a plain old fashion diversion of a creek into nowhere is not good.
And is not right for all.
Russ

rusty, out here in sunny CA, the army corp of engineers (ACOE) and state water resources board (RWQCB) regulate even the tiniest drainages that may have water only once or twice a year in the uppermost reaches of a water shed provided that water shed ultimately leads to "navigable waters". they define these upper water shed reaches as WATERS OF THE UNITED STATES whether they are on private property or BLM land. the fines here are even stiffer.....up to $25,000 PER DAY for everyday one is not in compliance. the regs state w/ great specifics that any alteration or diversion is prohibited w/ out formal review of plans and going through a permit process. the permits are actually not that expensive, its the work needed to get the permit where you pay (usually a consultant).

i echo that defending yer right to upstream water is critical, but as brettski says, be careful what you ask for........new regulatory attention on old matters could really screw everyone's day.....sometimes the gubmint is friend, other times its foe......IMHO the first course of action for you is a man to man w/ the neighbor....if that dont work, describe to yer neighbor what the feds or state regulators may have to say......if that dont work, then escalate it to proper authorities.

Thanks Dave, very good stuff my freind. I apppreciate your help.
Russ