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Legalities?
#523503 07/11/20 02:20 PM
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WileyG Offline OP
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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.

Re: Legalities?
WileyG #523508 07/11/20 04:49 PM
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Might start at county level first as there are funny laws in some states. Research is my suggestion.

Re: Legalities?
WileyG #523509 07/11/20 05:45 PM
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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.

Re: Legalities?
WileyG #523510 07/11/20 07:01 PM
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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

Re: Legalities?
WileyG #523512 07/11/20 07:57 PM
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WileyG....how many acres is your pond and how deep is your pond?


Fishing has never been about the fish....

[Linked Image from vgy.me] [Linked Image from vgy.me]
Re: Legalities?
WileyG #523519 07/12/20 04:04 AM
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It's just over 2 acres and about 9 feet deep at the dam.

Re: Legalities?
WileyG #523521 07/12/20 06:07 AM
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Lunker
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"Whiskey if for drinking, water if for fighting."



Re: Legalities?
WileyG #523554 07/13/20 10:35 AM
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Be cautious - getting the COE (feds) involved could cost everyone involved.

















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