I'm with ewest and John F on this one. Get an attorney that is well versed in COE legalities. I really, really like the idea of a secondary dam to keep the water on your property only.

What has been said already would be my concern. Not him, but any heirs. What if they conveniently forgot to give you first right of refusal. What if the land is in his will and he leaves it to an heir that likes to fish and "knows it all", and stocks fish that don't coincide with your management plan? Or feels that since the BOW is also on their property that they have right to utilize all the water as they want to?

What if they like to water ski and put a dock and a ski boat on their part and use the whole thing?

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