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LAWS ABOUT DIVERTING WATER
the neighbor would be diverting it (for a pond i am assuming he intends to
dig) and the level of our pond level would drop. it's not so much a stream but a spring that flows from his property into ours. "RichToyBox" wrote in message news:q5_Ob.101991$xy6.189616@attbi_s02... There are two different sets of water law. One East and the other West. West the people staked a claim on a certain amount of water, first come first served, and if you were second and the water level was low enough that it did not fill firsts claim, the water could not be taken, even if it runs through your property. East water law says you can dam it up, but you cannot divert it. It still has to go down the same stream that it would have gone down to start with. That law is routinely broken, in that cities take water from the up stream area of the river, divert it through the water treatment system, and it finds its way back into the stream at the sewage treatment facility, down stream. Is your neighbor diverting it around your pond, such that you don't get the benefit of the water? If so, then I would say you have a claim. Were you diverting it from its normal stream? If so, then you do not have a claim. Is he just slowing down the flow, by using part of it, or creating his own pond, but it finds itself back into the pond, through percolation, or once his pond is full? Then you do not have a claim. This is the way understand the water laws of the US, but my education on these is almost 40 years old. -- RichToyBox http://www.geocities.com/richtoybox/pondintro.html "janet" wrote in message om... hi, i have a two acre neighborhood pond partially fed by a spring that flows into my pond. the pond is about 6 years old. my neighbor began diverting the spring water away from the intake pipe to the pond. i can't call the county today but was just wondering if anyone is aware of laws of diverting water? thanks! janet |
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