Can a person Damm up a creek on their property?

[Hayek'sPupil]

Until some dingleberry builds a substandard dam upstream of your house which fails and floods your property that wasn’t in the floodplain— then it’s the government’s fault, right?
Sounds like the building inspector thread.

Why do we need the government to interfere? Why can't this be settled without some sort of state regulation?

[bigchiefj]

You can impound up to 200 acre feet of water on your land for domestic and livestock use.

Where it gets complicated is determining what type of creek, river, stream, etc you have. Also there's dam safety rules if the dam is above a certain height or potentially high risk. Possible construction permits too. In comes the TCEQ, USACE, and possibly others.

[meltingfeather]

Why do we need the government to interfere? Why can't this be settled without some sort of state regulation?

Because the potential damage an ill-informed dingleberry can cause is too great. How would this case be settled if the neighbor who flooded your house told you to pound sand and didn't have insurance or assets that would cover the loss of property? What if it killed livestock or worse?
It's happened too many times already-- that's why there is regulation.

[NelsonV]

You can't without a permit.

Beaver can with zero recourse.

Well, not 0 recourse. They get killed by landowners.

[Chew]

You can impound up to 200 acre feet of water on your land for domestic and livestock use.

Where it gets complicated is determining what type of creek, river, stream, etc you have. Also there's dam safety rules if the dam is above a certain height or potentially high risk. Possible construction permits too. In comes the TCEQ, USACE, and possibly others.

I've read that same regulation. Does that mean after you fill up your tank that you have to stop the diversion and reroute it or can it go through your dam and back into the creek. Does that make sense? Do you have to use like a diversionary canal to reroute the creek until you get the 200 surface acres or less... Or can you impound it around the creek permanently

[wellingtontx]

You can't without a permit.

Beaver can with zero recourse.

"Looks like a beaver dam to me...."

[Humper]

From the state code...

Permitting of Dams by the Texas Natural Resource Conservation Commission

Water Code § 11.121. Permit Required.

Except as provided in Sections 11.142, 11.1421, and 11.1422 of this code, no person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation.

Water Code § 11.142. Permit Exemptions.

(a) Without obtaining a permit, a person may construct on the person’s own property a dam or reservoir with normal storage of not more than 200 acre feet of water for domestic and livestock purposes. A person who temporarily stores more than 200 acre-feet of water in a dam or reservoir described by this subsection is not required to obtain a permit for the dam or reservoir if the person can demonstrate that the person has not stored in the dam or reservoir more than 200 acre-feet of water on average in any 12-month period. This exemption does not apply to a commercial operation.
[text of subsection (b) as added by HB 247, Chapter 1427, Acts of the 77th Legislature, 2001:]
(b) Without obtaining a permit, a person may construct on the person’s property in an unincorporated area a dam or reservoir with normal storage of not more that 200 acre-feet of water for commercial or noncommercial wildlife management, including fishing but not including fish farming.
[text of subsection (b) as added by SB 2, Chapter 966, Acts of the 77th Legislature, 2001:]
(b) Without obtaining a permit, a person may construct on the person’s property a dam or reservoir with normal storage of not more that 200 acre-feet of water for fish and wildlife purposes if the property on which the dam or reservoir will be constructed is qualified open-space land, as defined by Section 23.51, Tax Code. This exemption does not apply to a commercial operation.
(c) Without obtaining a permit, a person who is drilling and producing petroleum and conducting operations associated with drilling and producing petroleum may take for those purposes state water from the Gulf of Mexico and adjacent bays and arms of the Gulf of Mexico in an amount not to exceed one acre foot during each 24 hour period.
(d) Without obtaining a permit, a person may construct or maintain a reservoir for the sole purpose of sediment control as part of a surface coal mining operation under the Texas Surface Coal Mining and Reclamation Act (Article 5920 11, Vernon’s Texas Civil Statutes).

[bigchiefj]

I've read that same regulation. Does that mean after you fill up your tank that you have to stop the diversion and reroute it or can it go through your dam and back into the creek. Does that make sense? Do you have to use like a diversionary canal to reroute the creek until you get the 200 surface acres or less... Or can you impound it around the creek permanently

I think you have to let the creek, have it's natural flow. So you wouldn't have to release water all the time if it's a intermittent flow. You can make a dam on the channel.

Think you can't dry out or backup water on the neighbors.

USACE gets involved when it's navigable. If you want to dam it or divert from it. Plus state water rights.

The whole issue is clear as mud. I would advise anyone to research it first.

[Burnadell]

So, apparently, the answer is: it depends!

What does this mean ???

It must be a poor life that achieves freedom from fear.

It has been driving me crazy trying to decipher the meaning.

[BigThicketBoy]

So, apparently, the answer is: it depends!



What does this mean ??? It has been driving me crazy trying to decipher the meaning.

It's about living life on the safe side, you might be living free but your not real living without taking risk every now and then.
Stepping out of your comfort zone.
It was a quote from Leopold.

It must be a poor life that achieves freedom from fear.

[Chew]

So, apparently, the answer is: it depends!



What does this mean ??? It has been driving me crazy trying to decipher the meaning.

I would think you would have a rich life if you had freedom from fear.

[Burnadell]

It's about living life on the safe side, you might be living free but your not real living without taking risk every now and then.
Stepping out of your comfort zone.
It was a quote from Leopold.

It must be a poor life that achieves freedom from fear.

I would think you would have a rich life if you had freedom from fear.

Got it.

[meltingfeather]

So, apparently, the answer is: it depends!

See post #3

[bigchiefj]

As long as it's less than 200 acre feet per year, domestic and livestock use, and not on a navigable waterway, you don't need a permit. from the TCEQ.

Now there could be construction permits and/or dam safety requirements but they're separate issues from the actual impounding of the water.

Now diverting water from a public water body is something I don't know much about, but I bet you need a permit from somebody.

[topduarte]

Diverting a waterway requires a 404 permit.