It is my understanding that you are talking about surface rights and mineral/drilling rights are considered subsurface. I'm not a lawyer but I don't think you have a problem. However, I recall something in a previous Pond Boss magazine discussing the laws regarding water impoundment and that they vary by state. I recall from a previous post that Colorado has 'thou shalt not' laws. The overall belief is that they are going to become more restrictive. I would call the NRCS and ask but not sure I would identify myself. Those guys are usually pretty realistic. Then, I would probably go ahead and do just as I damn well please but keep my mouth shut.
