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Water Capture/Redirection of a Named Creek - Lavaca County

1,646 Views | 27 Replies | Last: 11 min ago by aggiebrad16
TexasAggie2006
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For the past 10 years, we've had a property in Southern Lavaca County bordered on two sides by a named creek. This particular property is used routinely to teach youth outdoor and other skills. When we purchased, it was said by long-standing neighbors that it always flowed and had never run dry. I'd estimate that since some time in 2023, the water is gone and it's only present after a torrential downpour.

This past weekend, I was headed there and decided to document what's happening with photos. Roughly 3.5-4 miles Northwest from our property, you cross over on the same creek on a highway. It's got plenty of water flowing there as photos show. There isn't another public place to cross or access the creek between where the photos below are taken so it's tough for me to say with 100% certainty that someone has damned up or redirected the creek.

I've read conflicting information here and other places online about water redirection rights in Texas. We don't need the water for livestock, but it has changed the environment of the property and wildlife presence since the creek has gone dry.

Who should we contact? TCEQ? Army Corps of Engineers? The county? If anyone has dealt with something like this, I'd appreciate your wisdom/direction. Thanks in advance.

EDIT: I should also add that in late 2019, a new $1.4MM higher/wider bridge was built adjacent to our property to cross this creek due to the numerous times that heavy rains would cause it to overtake the bridge. Now it's a glorified drainage ditch.

Creek at highway bridge


Creek looking South ~ 3.5 miles later


Creek looking North ~3.5 miles later

Mega Lops
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IN.

I love a good story about jack ass adjacent property landowner diverting natural resources.
trip98
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have you looked at google earth yet to see what latest imagery shows along the creek? if someone has put in a dam or if they've put in a new pond near the creek they might be pumping water out

you can also use the time lapse feature on google earth. You might be able to go back and see over time how there's water there and then when it stopped. About that time you'll likely see some sort of change on a property nearby. IF its the result of a neighbor.

my non-expert thought would be its a corps of engineer issue as it relates to waterway.
schmellba99
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What creek?

And regardless if you need the water or not, upstream cannot impound water to the detriment of downstream users. TCEQ would be the entity to contact.
TexasAggie2006
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trip98 said:

have you looked at google earth yet to see what latest imagery shows along the creek? if someone has put in a dam or if they've put in a new pond near the creek they might be pumping water out

you can also use the time lapse feature on google earth. You might be able to go back and see over time how there's water there and then when it stopped. About that time you'll likely see some sort of change on a property nearby. IF its the result of a neighbor.

my non-expert thought would be its a corps of engineer issue as it relates to waterway.
Great suggestion. I did attempt to do this last night and nothing stuck out as looking markedly different. All of the ponds on land between us and the highway have existed for years at first glance.
TexasAggie2006
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schmellba99 said:

What creek?

And regardless if you need the water or not, upstream cannot impound water to the detriment of downstream users. TCEQ would be the entity to contact.
Clark's Creek
MouthBQ98
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Could be a surface modification or someone pumping a LOT of water for something out of a local spring or aquifer.
Gunny456
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Sadly this is happening a lot of places in the state. As water tables decline this is the result. We had a place in Comal county that the creek had run since the late 1800's. Nobody pumped out of it or put a dam on it. It used to run no matter how dry it got....even in the 1950's drought. Then slowly it kept getting less and less till now its dry unless of a flooding rain. On the upper end it still has water but then goes underground by the time it got to our place.
Too many straws sucking out of the same cup.
Apache
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Maybe you could pay someone to fly a drone up the creek for a live look at what is going on?
<Ducks & Covers>
tmaggies
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Apache said:

Maybe you could pay someone to fly a drone up the creek for a live look at what is going on?
<Ducks & Covers>


Yep!
Apache
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I wonder it could be something as simple as a beaver dam.
If you're around Sweet Home, we had some about 20 years ago on a creek about 15 miles NW of you.
They had Peach Creek completely spanned & about 4' high out of the water on the low side. They '98 flood sent them to San Antonio Bay I suppose.
Deerdude
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I see something like this happening down IH 35. Over the last 2-3 years the Frio River is dry at that crossing. Doesn't affect me but it's sad to see. I'd be willing to bet that some new city guy with a deep pocket had bought some dirt and is pumping the river dry to irrigate.
clarythedrill
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Just starting walking the creek bed, starting at your property heading north. You will eventually come to the issue of whether someone has put up a dam or the water simply has run dry. Sounds like a fun morning.
mwlkr
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schmellba99 said:

What creek?

And regardless if you need the water or not, upstream cannot impound water to the detriment of downstream users. TCEQ would be the entity to contact.
Actually, Texas Parks and Wildlife does a much better job investigating and acting on water diversion. Mason County can confirm that. TCEQ was (and still is) asleep at the switch.
3rdGenAg05
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This, or a combo of this and a drone recon is what I would do. Hopefully it's beavers, but I bet it's a duck slough (sp?) or new stock tank.
OnlyForNow
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Not legal in non-navigable waters, just fyi.

Clarks Creek?

I see what I can pull up tomorrow, with my GIS folks.

BUT, Corps of Engineers would regulate doing something to the creek body itself that would cause a change in water flow; but they don't regulate the water flow. Water flow issues are regulated by TCEQ.
oldarmy76
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Sec. 11.142. PERMIT EXEMPTIONS. (a) Without obtaining a permit, a person may construct on the person's own property a dam or reservoir with normal storage of not more than 200 acre-feet of water for domestic and livestock purposes. A person who temporarily stores more than 200 acre-feet of water in a dam or reservoir described by this subsection is not required to obtain a permit for the dam or reservoir if the person can demonstrate that the person has not stored in the dam or reservoir more than 200 acre-feet of water on average in any 12-month period. This exemption does not apply to a commercial operation.

Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 966, Sec. 2.09


(b) Without obtaining a permit, a person may construct on the person's property a dam or reservoir with normal storage of not more than 200 acre-feet of water for fish and wildlife purposes if the property on which the dam or reservoir will be constructed is qualified open-space land, as defined by Section 23.51, Tax Code. This exemption does not apply to a commercial operation.

Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 1427, Sec. 1
hellapark
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I'm a surveyor in Lavaca county, have a drone and would be happy to help investigate.

I always assumed Clark's is navigable but I would be careful to avoid any claims of trespassing.

I also have a good relationship with our game warden and can refer you to him for assistance.
TX_COWDOC
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In.
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TX_COWDOC
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Also- be wary of the Lavaca County beaver…
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cryption
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Hey neighbor we're just down 15 from ya

Cedar trees can really suck some water and dry out creeks as well
TexasAggie2006
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hellapark said:

I'm a surveyor in Lavaca county, have a drone and would be happy to help investigate.

I always assumed Clark's is navigable but I would be careful to avoid any claims of trespassing.

I also have a good relationship with our game warden and can refer you to him for assistance.


That would be great.
OnlyForNow
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You have to maintain downstream flows at the pre-construction rate though. You can't hold back flow just to build your pond/impoundment.
oldarmy76
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I think it's a pretty blanket exemption to capture. That is taken from the water code section on water rights. It matches the carve out for dams as well for the same storage amount for agricultural land.

WATER CODE

TITLE 2. WATER ADMINISTRATION

SUBTITLE B. WATER RIGHTS

CHAPTER 11. WATER RIGHTS

Here's another link about exceptions: https://brazos.org/about-us/news/news-room/resource-library/texas-water-know-your-rights

https://harrison.agrilife.org/files/2011/06/Water-Rights-Information-In-Texas.pdf



zarbas77
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Similar situation. I am probably 10 miles south of you and have Supplejack Creek running through my property. County put in a new bridge many years ago as the old wooden bridge washed out in the late 90's or early 2000's.

We have had no flow for the last several years expect with heavy rains which are rare as hen's teeth. I assumed it was due to the drought that we have had and to dropping aquifer levels.

But, after reading your post I pulled up Google Earth. Looks like my neighbor damned the creek on his side. He has a river on his land. I have sand.
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normaleagle05
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hellapark said:

I'm a surveyor in Lavaca county, have a drone and would be happy to help investigate.

I always assumed Clark's is navigable but I would be careful to avoid any claims of trespassing.

I also have a good relationship with our game warden and can refer you to him for assistance.

Long time since I worked that far south. What are the age of the original grants? This could be a GLO issue.
O.G.
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My stepdad had a landscape company & got a permit to build a small dam on Willis Creek, in Brownwood back in the 1980s.

I don't remember every detail but it did have to be built in such a way that it did not stop the flow of the creek. It just created a pool area, so to speak, so that the home owner could irrigate from it.

I remember at least one city inspector coming out and one game warden. He had the permits etc, so that wasn't an issue.

If memory serves, it was built sort of like the rear sights on a handgun, higher on the sides, lower in the middle, to allow water flow over the top of it. (I think).
aggiebrad16
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