My neighbor has started clearing land along a stream that runs across our properties, tossing the brush, dirt etc. into the stream resulting in the ******ation of the flow of water. I cannot determine if this is "natural" drainage. Contacted the USACE several months ago to get a site visit to determine if this is the actual tributary to a named creek. Maps show a tributary starting on our property but the actual stream is about 300 ft. north of the maps depiction. Unfortunately USACE will not answer e-mails, return phone messages etc. I finally filed a formal complaint about damming the tributary and have yet to hear back from them. Contacted TCEQ prior to this and was told not their jurisdiction. Any suggestions?

Tannerite

Drone







That can drop tannerite.

How did the neighbor respond when you spoke to them about it?

ETA: There are plenty of laws on the books if it's navigable, defined as 30 feet wide from the mouth up regardless of current depth.

Maybe try reaching out to the appropriate contact from here: https://www.tceq.texas.gov/assets/public/comm_exec/pubs/gi/gi-002.pdf

Go talk to the neighbor and introduce yourself and your concern and how you'd like it to be amicably handled. If you haven't already done this, please do so before attempting to involve more government agencies in your affairs.

Dam, that sucks

Page Juan

Contact your local USDA Natural Resources Conservation Service. They should be able to help you.

Definitely have a talk with the neighbor but something that may apply:

Texas Water Code 11.086
No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.

"Stream"?
How long you been livin' in Texas hoss?

Is your problem temporary or is it going to negatively affect you in the future? What are your damages?

As said, talk to neighbor. If that doesn't work, find a lawyer to handle it.

Concur with discussing with your neighbor first. He may be following all requirements necessary. If you feel like this is something that needs to be reported, first determine what USACE district that you're in. The district website will likely have a "violation reporting form" and instructions on how to file it (probably email). The outcome of the reporting could really strain your relationship with your neighbor.

Neighbor a farmer?

Does he have water rights?

Seems like a nice troll job.

hfd45c9 said:

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My neighbor has started clearing land along a stream that runs across our properties, tossing the brush, dirt etc. into the stream resulting in the ******ation of the flow of water. I cannot determine if this is "natural" drainage. Contacted the USACE several months ago to get a site visit to determine if this is the actual tributary to a named creek. Maps show a tributary starting on our property but the actual stream is about 300 ft. north of the maps depiction. Unfortunately USACE will not answer e-mails, return phone messages etc. I finally filed a formal complaint about damming the tributary and have yet to hear back from them. Contacted TCEQ prior to this and was told not their jurisdiction. Any suggestions?

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When you say ******ation of the flow, do you mean it really is a dam and backing the flow up and filling in an area like a pond or it is just changing the flow characteristics (like slowing the flow but spreading the flow over a larger area such that the same mass flow rate is occurring.

Also, why the **** is he throwing that **** into the water flow path?

This is really weird and missing key pieces - and rookie account. Barnes?

It sounds like you have a dam problem. You need to get a dam expert. Get your dam facts. Then present your dam information to your dam neighbor and get a dam resolution.

You're welcome for this dam response.

What's the source of the water and where does it originate? Not illegal to construct a dam on your property, under certain conditions.

What did the fish say when he ran into the concrete wall? Dam

If it's just a wet weather creek than I think your neighbor has every right to do this. I have put in dams on my ranch on wet weather creeks. If it is a creek or stream with continuous flow I still think he can do this but there are requirements to the height and construction of the dam I believe.

Shoot the dam in the nuts

docb said:

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If it's just a wet weather creek than I think your neighbor has every right to do this. I have put in dams on my ranch on wet weather creeks. If it is a creek or stream with continuous flow I still think he can do this but there are requirements to the height and construction of the dam I believe.

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Does anyone have a good idea of what the requirements are? Does a low water crossing that is 1,000 feet from anyone else's property and that creates 18 inches of depth, 15 feet across behind the crossing for 30 feet but doesn't otherwise affect the continuous flow require permission? I just need to get to the other side of my property that transversed by this small, live creek.

Off the subject a bit, I went on a black bear hunt in Manitoba, about 6 hours NW of Winnipeg. The hunt occurred in a provincial park. Our guide maintained about 30 different blind set ups within the park. Beavers often built dams and flooded the lower areas, cutting off access to the majority of the sites. No problem, the guide went out and set dynamite and blew the dams out. All perfectly legal. Blew my mind.

malenurse said:

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It sounds like you have a dam problem. You need to get a dam expert. Get your dam facts. Then present your dam information to your dam neighbor and get a dam resolution.

You're welcome for this dam response.

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Also is the water side of the dam the front of the dam or the back of the dam?

Call Dr. Ron Kaiser in RPTS. He can answer your question about jurisdiction and can probably give you a referral to an expert if you end up needing to litigate.

AgsMnn said:

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Seems like a nice troll job.

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Hopefully, this explains the post/thread...
Otherwise, the Corps of Engineers has virtually no jurisdiction on private property, and do not get into settling disputes between neighbors. It's curious how the OP learned of his neighbor's retawding activity? Someone needs to myob....

Boots over Delaware said:

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Off the subject a bit, I went on a black bear hunt in Manitoba, about 6 hours NW of Winnipeg. The hunt occurred in a provincial park. Our guide maintained about 30 different blind set ups within the park. Beavers often built dams and flooded the lower areas, cutting off access to the majority of the sites. No problem, the guide went out and set dynamite and blew the dams out. All perfectly legal. Blew my mind.

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and also probably the beavers.

A few years ago the joke was tearing down your neighbors fence. In 2021 we transition to tearing down your neighbors dam.

I call the county office and ask them this question. Personally I think it wouldn't be a problem at all.

docb said:

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I call the county office and ask them this question. Personally I think it wouldn't be a problem at all.

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This is terrible advice. Don't ever call the County (or any other government entity) until you have all the pieces in place to dictate their response. They have no idea what they are empowered to regulate so they assume they are empowered to regulate anyone who asks.

normaleagle05 said:

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docb said:

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I call the county office and ask them this question. Personally I think it wouldn't be a problem at all.

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This is terrible advice. Don't ever call the County (or any other government entity) until you have all the pieces in place to dictate their response. They have no idea what they are empowered to regulate so they assume they are empowered to regulate anyone who asks.

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Agree. Don't call them until you know for sure what you need from them. Because they already know what they want from you...

I believe you are going to find that the landowner upstream can impound the water but cannot change the place where the water was originally flowing onto the neighbors land. His spillway has to release water so that the water course is unchanged when it exits his property.

Maybe it depends on the county. I've personally found Blanco county to be nothing but helpful. And for a low water crossing I'd just do it and not call anyone.

Apache said:

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"Stream"?
How long you been livin' in Texas hoss?

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I was thinking this sounds more like a waterway than even a "Crick!"

Is he intentionally trying to dam up the creek? Or is he just dumping brush in and impeding the waterflow with no other motives?

If he's not intentionally trying to retain water, maybe just go talk to him and let him know that he's blocking the water flow...ask him to pile his brush up somewhere else.

ETA: Exhaust all of your options before inviting the man into your life.

The Clean Water Act would say otherwise. ACE has jurisdiction over any Jurisdictional Wetland- whether on private property, or not.