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Spring feed steam?Help
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K Smith    Posted 09-25-2002 at 05:34:18       [Reply]  [No Email]
I own some land that has a small steam foot wide 2or3 gal.min flow which runs into a bigger creek on my property.Been thinking about building a farm pond from the small stream.The spring that feeds this stream is on property that adjoins my property.That property has been put up for auction and has been sold to a contractor.My question is since this land has been sold now can they change or stop the water
flow?Or build a pond whice would cause my pond to only catch the overflow of water during the wet seasons.I live in NC.Thinks for any help.

Mad Man in Beaverdam    Posted 09-26-2002 at 05:11:49       [Reply]  [Send Email]
Water rights and laws vary significantly from state to state. check with your local soil and water conservation district. they may not be able to answer your question but will help you find the answer as to what legally can be done with the stream.

I have to agree with other postings thought that building a pond is rather cumberson from a legal standpoint any more. Anything that disturbs a wetland of 1/10 acre or more gives corps of engineers jurisdiction. Believe it or not, impounding water is viewed as disturbing a wetland.

Unfortunately in modern America we don't own what we think we own, and due to the creeping federalism that has been burgeoning ever since we lost the War of Northern Agression, we don't have many private property rights any more.

Ron/PA    Posted 09-25-2002 at 06:00:10       [Reply]  [Send Email]
Here in PA. you cannot interrupt the flow of any running water without the approval of the mighty D.E.P. state and federal. As the zoning and code officer for "HOOTERVILLE" I can tell you that this takes a whole lot of paperwork, and the red tape will make you hair hurt.
However if the site is out of sight, mother nature has a way of sinking a Dozer blade in the darndest places.
As to the owner of the spring stopping the flow, up here, it is easier to build on a spring than it is to make a pond of a spring. Thanks for that little deal goes to the federal D.E.P.
Hope this helps

TB    Posted 09-25-2002 at 13:39:47       [Reply]  [No Email]
Ron is right In Pa if you dig in a streem DEP will be all over. However I think you can dam a streem as long as it is not over 3' deep. 2 or 3 gal a min isn't much water for a pound of any size.

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