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Hi Everybody! A friend said that I should check out this site to learn all there is to know about ponds, so here I am :)Live on a 53 acre farm. Told that I could not put a pond on my farm because a "blue stream" runs under my property. Can someone please explain this to me?

Hey, redeemedbeauty, welcome to the forum! Not sure about what that term means, but it may have something to do with an environmental issue. It may also just be an issue practicality due to an underground water course. I really don't know. I'd think with 53 acres, though, you'd be able to find a suitable place to have a pond built.

Hang tight for some answers from folks who may have experienced something like this previously. Good luck with the situation. Stick around and read up - tons of good info here!

You might have to talk to the county NRCS agent. I think that's a local term. I've never heard of it.

Hi, Nice to meet you! The term "blue spring" was used by a man that came out from the Tennessee Wildlife Resource Agency. I talked with him because they posted an ad offering to help stock ponds that were going to be open to the public for fishing. He said that they would come out and look to see where would be the best place to put a pond on our property. That is when he told me I could not build a pond here. He said that I would have to have the corp of engineers come out and that the permits alone would cost more than building the pond would. I just don't understand that. We have a wet weather creek that runs through the farm. When it is up, it floods the neighbors property and leaves standing water on the road. I wouldn't think that it would be a problem for anyone if we dam up some of that water run-off. The maps show a large stream of underground water that runs almost perfectly down the middle of the property.

That explains it. The underground stream AND its watershed are protected to avoid/restrict any possible pollution.

I'd go to the counties NRCS office and talk to them.

Personal choice here, I wouldn't use any fish from anyone that had a stipulation that I had to leave the public fish my pond if stocked with their fish. Fish are the least $$ that you will put into your pond when it's all said and done.

Wow, sounds like your well will never run dry.

It sounds like this underground flow may source water for other folks? If so, I would be very aware of legal problems that may occur if you do something in your pond such as pest control and it makes its way into the water source. Also on private land I would never sign up for something that forced me to allow it to be used by the public, again liability issues as well as privacy.

With that said, if there is an underground creek, your drainage may be really good, meaning building a pond may be very difficult without decent materials and/or large water level fluctuations.

Sounds like you will have no trouble filling it though. Keep us posted.

A "blue-line stream" means that when you look at a topographical map, and there's a blue line, that designates a stream there. It usually means the stream is wet/moist most of the time.
In most locales you can build a pond on a blue-line stream, but you have to follow local, county, state and federal laws, often based on how large the pond will be.
Checking with the NRCS first is a good idea.

Don't give up. The COE authority over small isolated waters is not what they like to tell people. The US Sup Court has told them that recently - twice. Also recently the US Sup Court in a unanimous decision corrected them (COE/EPA) on their power to enter cease and desist orders which are not appealed. On March 21, a unanimous Supreme Court ruled that courts can review EPA administrative orders under the Clean Water Act before EPA seeks to enforce them - the case is Sackett v. EPA . Two more Clean water act cases are up for hearing on appeal to the US Sup Court next term.

All this may be true but an Oregon man recently got 30 days in jail and a hefty fine for defying local authorities on a similar issue. Permitting may still be required and this can be a costly and time consuming process and there is no guarantee that the permits will be granted.

RedEyedbeauty... This site may have some answers for you.
http://www.tennessee.gov/environment/dws/newdam.shtml

I to am in TN and I also have a "blue line stream" running on my properyt plot map but, I already have a pond dam holding a wet weather swamp at this piont on the property. I believe that as long as it's for agricultural useage you should be fine. Here is a snippet of that web site that I found.

Certain classes of dams are exempt from regulation under the Safe Dams Act. The main exemption is for "farm ponds". Farm ponds are defined in the regulations as "...any impoundment used only for providing water for agriculture and domestic purposes such as livestock and poultry watering, irrigation of crops, recreation, and conservation, for the owner or occupant of the farm, his family, and invited guests, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public." A farm pond is exempt from the Safe Dams Act, but may NOT be exempt from other permitting requirements such as ARAP, etc.


Where my pond will become questionable is the location of the fencing. I will be placing a fence around the pond to keep the cattle OUT but, in the case of needing emergency water for the cattle I will be able to open a gate and they will have needed water.

Here is another interesting link to a pond building mishap with the laws. Sorta.

http://www.knoxnews.com/news/2009/mar/25/tn-farmer-wins-court-battle-pond-dispute/

I live in east tenn also... As of this spring TWRA was no longer stocking ponds... There has always been the "myth" that if you did have them stock your pond then you would have to let anyone and everyone fish.. Which is true, to an extent... towns people have been saying for years that TWRA would basically post a big ole sign at your driveway saying "fishing this way...." but actually what would really happen is if you had TWRA come and stock fish for you then they WOULD put your ponds location on a "list" ... This list was made available to the general public for people looking for somewhere to fish... Now, if someone did show up to fish you had the right to refuse them... Either way, a state sign at the end of your property or a list posted somewhere is not something I would like... I do not want anyone thinking they could just walk up and toss a jig into my pond... It really doesn't matter anyway, because like I said earlier, they have stopped stocking ponds (I don't think they have started doing it again or even plan to) their website suggests going to local fish farms....