Eric,
I know if I went into a court and started a war with him, I would win this battle. But I am sure the war would rage on and that was not worth it to me. I figured I would use alterantive water sources ( and these sources do not bring silt into the pond and high flow rates) Thus I will keep the pond up and still have the cut in to the creek when water levels go way low. Thus my alternative water will keep my water level about 1 ft higher than the current creek and will not be bringing in any fish or stuff from upstream. I now have more control over the situation.
