Pond Boss Forums INTRO New Forum Member Introduction Newbie in east TN

Hi everyone, great to be here. I have a 5 acre property in East Tennessee which has a year round live stream on it. I am developing the land now and wanted to eventually build about a half acre pond. My first question (of many to come) is…I was told by a local that you can legally divert up to 15 percent of a stream to the pond. Of course there will be a return back to the stream as well. Is there a way to verify their statement?
Thanks
Steve Collins

Steve, welcome to Pond Boss!!!

It's not as clear as we'd like it to be regarding rules about water and private property.

I think there are state rules and probably some federal rules, with many gray areas.

It used to be understood that if you owned land, and a stream entered and exited your property, you could do whatever you wanted with it as long as you didn't change how it entered and exited your property.

Then, there was legislation I think called "Waters of the USA" that basically gave the federal government control of any waterways and even some seasonal waters. We think that legislation may have been shot down as it was trampling on some private property ownership.

Bottom line, I would try and quietly gather information locally, and try to learn how your county works in relation to building ponds. Once you have enough information, you can decide how to proceed.

Your local (Federal) NRCS office and state authorities (In Ohio, it would be the local Soil and Water office) are places to gather info. They may put on pond clinics which cover a number of issues, hopefully including the pertinent legalities.

Thank you. Great information.

Thank you!