Scenario...a pond takes up a portion of 4 different properties. Do all 4 property owners have equal rights to the pond even though the pond is spread unevenly over the 4 properties? Any legalities I need to know about?

Jeff, water rights are as clear as mud but we deal with this on a regular basis in our duck hunting adventures. Basically, on a man made pond, trespassing and usage follows the original property lines. Just because a pond is built that covers multiple peoples property does not give anyone the right to cross the original lines. My brother owns the majority of a soil conservation lake and we have been around this every direction possible. With that said, the vast majority of LEOs in the state are LOST when it comes to laws concerning surface water.

To further complicate it, the person that controls the dam or flood structure can be held liable for any actions they take that affect the surface water on the other owners property.



[This message has been edited by CS78 (edited 4/6/2014 10:20p).]

And if it isn't man made?

Well there aren't many natural non-flowing water bodies in our state. If its a slough or old oxbow lake or something similar I would think the same would apply but that's likely a situation for lawyers and a court to decide. I would be real hesitant to trust anyones opinion as fact. Current law can often buck original deeds amongst other complications. If its flowing water then you get in to the whole navigable by either fact or statute, gradient boundairies, etc.

I've been on both sides of a number of trespassing cases concerning water use and a high percentage of it is up to interpretation.

Real Estate agents have been known to tell buyers that they will have access to water only for the buyer to find themselves in trouble with the law when they try to make use. Not uncommon for suites to find their way back to a selling agent.

Email me a google link of the water body if you want and Ill give you my opinion for what its worth.

[This message has been edited by CS78 (edited 4/6/2014 10:14p).]

Email Dr Ronald Kaiser...he's the water rights expert at A&M.

Thanks!

Surface water in Texas belongs to the STATE of TEXAS, yes even your pond. Only minimal non TCEQ permitted uses are technically allowed like domestic uses, livestock water, or for irrigating a small home garden.

http://texaswater.tamu.edu/water-law

ddp

[This message has been edited by Whitetail (edited 4/15/2014 10:50p).]

If you have the side where the water drains in, is it legal to basically dig a deep enough hole and put up a damn to take their future water away?

I realize this is an old thread....

I was hoping to get some kind of understanding about rights to a pond that two property owners live on.
We purchased our property last year that originally was all part of a family.
Our backyard is the shore of this large pond probably eight acres,
Unfortunately the neighbor wants to run a fence across the pond to keep cattle from exiting through the pond. It's going right up close to our shoreline and goes all the way across.
Really does a number on our ability to fish and use the pond.
Is there any recourse? We get along fine and we are trying hard to handle this in a polite way.

Is he wanting to put the fence or within his surveyed property limit? If so, there is little you can do.

I recommend talking to him and offering to help cover the extra costs of a fencing plan that can limit cattle going across the shallow areas, but is less of an obstruction along your property. You may also need a plan for low water conditions such as some temporary fencing to put in place. Also, take a 6 pack or his favorite bottle.

Agreed.

If he wants the fence on the property line, nothing you can do.

Try to negotiate moving the fence back some in exchange for a portion of the labor or cost.

Similar question as above - I have a shared pond in Texas. About 5% of the pond sits on my property (shown on survey too). Does anyone know if I am legally allowed to cast my fishing line past my property boundary into the pond as long as I'm always standing on my side of the pond. There is a barb wire fence (half the fence is underwater).between properties but I can easily cast over it. I don't mind asking neighbors if it's ok - but also I'd rather know what I am technically allowed to do prior to asking. By the way the neighborhood water runs off through a creek on the side of my property into this 1 acre pond. Any thoughts?