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Seeking recommendation for experienced attorney/surface water rights

980 Views | 6 Replies | Last: 4 yr ago by Bitter Old Man
Farmer @ Johnsongrass, TX
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I am seeking a recommendation for an experienced attorney with expertise in the subject matter of surface water rights within Texas. I am not sure if my situation would be specific to riparian, or appropriative, should those differences be a qualifier to identify the correct legal expert I would need to consult with. In short, storm water from a city has always crossed our land and several other landowners down a natural waterway. Over the last 2 years, additional storm water is being diverted from other parts of the city to resolve drainage, flooding and standing water problems within the neighborhoods of the city limits. The current water flow volume has increased and rather than waiting for erosion to damage our land, I am looking to create/build a man-made lake and hold the water. Maybe construct a spillway on the low end of the property to allow/continue some flow down the natural waterway when the surface area would fill. I am wanting to know if I can do this,...build a lake.

Anyone know an attorney that practices specifically with this subject matter?

Thanks in advance.
txags92
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AG
Dr. Ron Kaiser is the guy you want to talk to. He is a lawyer and a water law specialist that is a professor in the RPTS department. If he can't help you, he will have good referral recommendations for somebody who can.
Farmer @ Johnsongrass, TX
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Thank you!
JP76
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Does the city currently have a drainage easement through your property ?


This is a slippery slope here because if you dam and back the city up and cause residential flooding of homes then I imagine you will be sued when the flooded citizen calls the city to seek answes on why their house flooded and the storm drains were backed up. Also I would be careful on the dam, I know of a case where a private dam upstream broke after a record rainfall and it cost the owners a pretty penny to remediate the damage down stream that the surged caused.
txags92
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AG
There is also the issue of whether the stream the water is running to is fully appropriated to other water users downstream. If so, you could be accused of illegally withholding their water. Dr. Kaiser is an expert in these issues and can point you in the right direction.
MarleyFeed97
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AG
Brad Castleberry (former partner at Lloyd Gosselink and has own firm now I think) or someone else at Lloyd Gosselink Rochelle Townsend could help you out.

Lots of potential things in play like drainage easement restrictions, waters of the US jurisdiction, upstream flood damages, floodplain/floodway impacts, etc. that you will need to look at. If water is channelized and no longer sheet flowing across your property and receiving flows from offsite I'm guessing your ability to alter the course/dam it will be very limited - at least without more cost and trouble (permitting) than you want to deal with. Plus, if you fam it make sure get familiar with the State impoundment rules/regs. Used to be impoundments less than 5' I think we're exempt from the regulatory program but that may have changed.

Edit to add floodplain/floodway
-MarleyFeed97
Canyon99
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Jason Hill out of Austin. JT Hill & Co. He knows his stuff and is a good guy. He sat on the other side of the table in the transaction I worked so that should mean something when I refer him to someone.
Bitter Old Man
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AG
I will recommend Jim Bradbury (https://www.bradburycounsel.com/contact.htm)

He's one of the most knowledgeable and is also an Aggie. If you need a personal introduction, let me know.
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