Damming up a creek

firecadet613 · Mar 10, 2024

A guy a few parcels over is in the process of damming up a creek to make a pond. Thankfully, the main creek on my property is unaffected, but it's likely going to dry up the main creek on my neighbors property.

He'll be calling DNR tomorrow to see if he has any recourse, but wanted to see if anyone has encountered this before and if there is anything that can be done about it?

Hoosierdood · Mar 10, 2024

I’ve seen Tannerite do some serious work on a dam.

Shadow01 · Mar 10, 2024

My understanding is you can not alter the flow of a waterway. He can build a pond and fill it, but not remove the flow of water through his property to the adjacent property.

DoggyDaddy · Mar 10, 2024

What are the odds that it's considered a "navigable waterway", given the definitions that seem to include mud puddles?

firecadet613 · Mar 10, 2024

DoggyDaddy said:
What are the odds that it's considered a "navigable waterway", given the definitions that seem to include mud puddles?

Very doubtful.

Shadow01 said:
My understanding is you can not alter the flow of a waterway. He can build a pond and fill it, but not remove the flow of water through his property to the adjacent property.

That's my understanding as well, I believe we just need to get it enforced if that's in fact the case.

DoggyDaddy · Mar 10, 2024

firecadet613 said:
Very doubtful.

My reply was only kind of tongue in cheek. You'd be surprised at what can be considered navigable waterways and thus protected from being messed with. It might help in your situation.

Shadow01 · Mar 10, 2024

firecadet613 said:
Very doubtful.

That's my understanding as well, I believe we just need to get it enforced if that's in fact the case.

You would be Surprised at how small a navigable waterway can be and how low of a flow can qualify.

mmpsteve · Mar 10, 2024

firecadet613 said:
A guy a few parcels over is in the process of damming up a creek to make a pond. Thankfully, the main creek on my property is unaffected, but it's likely going to dry up the main creek on my neighbors property.

He'll be calling DNR tomorrow to see if he has any recourse, but wanted to see if anyone has encountered this before and if there is anything that can be done about it?

Theoretically, once his pond is full, the water coming into it will not stop, and he will have to divert the excess out of a standpipe or spillway and it will continue Downstream. Of course, that has nothing to do with the legality of it, but it may be a non-issue for your neighbor.

.

firecadet613 · Mar 10, 2024

mmpsteve said:
Theoretically, once his pond is full, the water coming into it will not stop, and he will have to divert the excess out of a standpipe or spillway and it will continue Downstream. Of course, that has nothing to do with the legality of it, but it may be a non-issue for your neighbor.

.

That's my initial thought and by how he's trying to dam it up, my gut tells me the pond wouldn't last for long.

DragonGunner · Mar 10, 2024

Sounds like your neighbor might be up a crick without a paddle.

Cameramonkey · Mar 10, 2024

DragonGunner said:
Sounds like your neighbor might be up a crick without a crick.

FIFY LOL

Michigan Slim · Mar 10, 2024

firecadet613 said:
That's my initial thought and by how he's trying to dam it up, my gut tells me the pond wouldn't last for long.

There is a reason you need a permit for dam. What happens if he does a half**sed job and it lets go? Anything downstream nobody wants to lose?

BugI02 · Mar 10, 2024

firecadet613 said:
That's my initial thought and by how he's trying to dam it up, my gut tells me the pond wouldn't last for long.

If that is so, your neighbor might also wish to work the angle that he is creating a flooding risk for his property if the dam fails. Might be able to get required inspections and engineering work for the project to go forward and either make it too much of a hassle/expense to pursue or ensure he has recourse if the worst does happen. He should definitely consult a lawyer also

patience0830 · Mar 10, 2024

Don't think engineers need to get involved unless dam is over 20' in height.. Depending on county, he may or may not need a permit to move dirt. 811 cal is a requirement.

SnoopLoggyDog · Mar 10, 2024

Once he creates the pond, does it become a "wetland"?

Judamonster · Mar 10, 2024

Generally, the county controls the creeks via the drainage board. You cannot obstruct most of them. Call the county.

04FXSTS · Mar 11, 2024

Shadow01 said:
You would be Surprised at how small a navigable waterway can be and how low of a flow can qualify.

I looked into this when we bought our property on the Vermilion river back in 2017. Much different rules for a navigable waterway than a recreational stream or river. Last year there was only a short time you could even use a canoe to go down the river except during a flood period. Turns out the rivers were classified when the State of Indiana was formed IIRC in 1838.
I know there was a huge hog processing plant on the river just a bit downstream from us. Barges would come up the Wabash river into the Vermillion and load processed pork to go back south. I have lived in this area all my life and even 40 years ago this river had a lot more water because I used to canoe it back then. Jim.

jkaetz · Mar 11, 2024

mmpsteve said:
Theoretically, once his pond is full, the water coming into it will not stop, and he will have to divert the excess out of a standpipe or spillway and it will continue Downstream. Of course, that has nothing to do with the legality of it, but it may be a non-issue for your neighbor.

BugI02 said:
If that is so, your neighbor might also wish to work the angle that he is creating a flooding risk for his property if the dam fails. Might be able to get required inspections and engineering work for the project to go forward and either make it too much of a hassle/expense to pursue or ensure he has recourse if the worst does happen. He should definitely consult a lawyer also

These two. The creek will flow normally once the pond is full. It may delay the creek flow during the transition from dry to wet as the pond refills but then it will go back to normal.

Depending on the amount of water held in the pool flooding is likely the more significant risk.

HoughMade · Mar 11, 2024

Riparian rights. Learn it, live it, love it.

DoggyDaddy · Mar 11, 2024

HoughMade said:
Riparian rights. Learn it, live it, love it.

Riparian? Like Bob Marley?

Damming up a creek

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