Jersey, I have several ponds in North Central Texas. No permit required. On the first one, the NRCS participated with the funding. I have pulled all of my paperwork and the ACOE is not mentioned. It was partially funded for erosion control and that might exempt us from permitting. However, federal funds were used and the ACOE was never mentioned. On another, it was done before I bought the place but I know the builder, helped with the planning, and no paperwork was done. The previous owner got a free pond in exchange for the dirt. I know of none of my neighbors who have ever considered permitting; even when the NRCS helped with the layout but did not fund anything. Heck, I know guys who have stopped up what can be called navigable creeks with no problem. However, I expect this could be a problem if anyone complained. I seem to recall that anything of less than X amount of surface acres does not necessitate permitting. I'll contact the local NRCS guys to find out the answer and post the results. I do know that there is a big difference in state laws on water usage/impounding and Arizona, Colorado, New Mexico and other states have very narrow minded laws. Texas doesn't but I expect it is coming.
