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Can a person Damm up a creek on their property?

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    Can a person Damm up a creek on their property?

    As long as it has an over flow where it will keep flowing?
    The creek doesn't have water all the time.
    And this would be to create a pond.

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

    #2
    My dad got in trouble for this by the Colorado water district lol.

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      #3
      it depends

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        #4
        Don’t do it!!!!

        A certain country singer here in TX thought it was no big deal to create a pond by damming up a creek in a flood plain. I don’t know if she got fined but it cost her plenty.

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          #5
          The trouble with asking the regulatory authorities is that they think every ditch is their domain, which is stupid IMO. They take those blue lines on their maps as if they were handed down on stone tablets when they have never seen them on the ground. Short answer is ......maybe.

          To misquote old Bill, forgiveness or permission, that is the question !

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            #6
            I have been told as long as you don’t alter the course of the creek. So you would have to construct where outlet is in same location as original creek bed. Don’t know this is true but county will come out and look and assess. Would give them a call.

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              #7
              Put a dam on it and see what happens. Just have an overflow so the water won't cut the dam!

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                #8
                Contact your local FSA office.

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                  #9
                  Just do it ya chicken

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                    #10
                    Rumor control says that you can if it’s an unnamed creek. As far as flood control is concerned I would think that as long as your Tank remains in line with the natural drainage that is already established, and you have your overflow pipe flowing into the same it shouldn’t make any difference.
                    But do your due diligence and find out for sure. Hopefully Texas hasn’t become Colorado yet. Colorado wouldn’t let residents collect rainwater for a while. I think they have relaxed that restriction though but not by much.

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                      #11
                      It depends it is a named creek. In other words, is it a waters of the US. The safe thing would be to ask your county boys.

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                        #12
                        I wouldn't do anything like that without getting approval first. My luck the G-Man would find out ten years later and fine me into oblivion.

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                          #13
                          If a stream/river/creek runs through your property, you cannot impede its flow by building a dam or any other type of restraining device, unless permitted per USACE and possibly TCEQ.
                          Tceq code 11.121

                          So I think you can you just need to present a plan and draw a permit

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                            #14
                            And they would back fine you for undetected crimes! Do your homework!

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                              #15
                              You can't without a permit.

                              Beaver can with zero recourse.

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