Pond Boss
Posted By: WileyG Legalities? - 07/11/20 07:20 PM
This was a topic of conversation the other day........ The scenario......A property or properties has/have very well established/stocked pond(s) in a drainage that runs thru several properties. An adjoining property that shares the drainage currently has no pond but the owner plans to build one. The downstream properties will likely be cut off from inflow of water at least until the new pond fills and begins to spill. What if this takes so long that the existing ponds begin to dry up and hundreds/thousands of $$$ in stocked fish begin dying off. Can the new pond builder be forced to compensate the other pond owners for loss of fish, etc?

Also, the pond nearest the planned pond extends onto that property a short distance and creates a wetland that extends further onto that property. The owner of the 'planned pond property' plans to fence and put cattle on it. He has stated his intention to build part of this fence across the existing pond/wetland along the property line. Can he disturb that wetland with construction of a fence?

This is in north Alabama if that makes any difference. I'm ALL for property owner's rights and as far from a left leaning environmentalist as it gets just in case anybody thought I might lean that way. I'm just concerned for everybody downstream from this proposed pond site. Any/all input/advice appreciated.
Posted By: Pat Williamson Re: Legalities? - 07/11/20 09:49 PM
Might start at county level first as there are funny laws in some states. Research is my suggestion.
Posted By: WileyG Re: Legalities? - 07/11/20 10:45 PM
Yeah, the local county extension office will get a call Monday. I thought there might be another Alabama member on here with some insight. I will post as this goes along for future reference.
Posted By: Pat Williamson Re: Legalities? - 07/12/20 12:01 AM
My pond is at the headwaters of a drainage. I cut off water that ran down to two lakes downstream. Took over a year to fill. Other two ponds still had runoff from their property. County didn’t seem concerned at all and no permit needed. But that’s Texas
Posted By: Zep Re: Legalities? - 07/12/20 12:57 AM
WileyG....how many acres is your pond and how deep is your pond?
Posted By: WileyG Re: Legalities? - 07/12/20 09:04 AM
It's just over 2 acres and about 9 feet deep at the dam.
Posted By: Shorty Re: Legalities? - 07/12/20 11:07 AM
"Whiskey if for drinking, water if for fighting."
Posted By: ewest Re: Legalities? - 07/13/20 03:35 PM
Be cautious - getting the COE (feds) involved could cost everyone involved.
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