Times of drought can make us more aware of the value of water. Retaining water, or Damming A Creek Stream, for your uses will become a hot topic during hot dry seasons. Can we change watershed flow, should we change watershed flow, and what are the legal ramifications of making those changes?
We are often asked, “Can we dam up or redirect creeks or streams for a pond.”
Can we, yes. Should we and is the redirection a violation to your local water authority? These are solid questions to consider while the summer droughts are not far behind and while winter rain reveals watersheds that may be usable for retention.
Watershed Changes: Damming a creek stream for personal or farm use.
The primary question to consider is whether the water-flow is a navigable stream. A navigable stream is any water flow that is 30-feet wide or greater.
Damming A Creek Stream
Sometimes, streams within ranches that are owned by the landowner (minerals and all) are navigable waters many decades later because a governing body decides to “find” it navigable. The determination becomes subjective to the observing authority and its motivations. So though today the steam or waterway may not be navigable, it may be found navigable after a heavy week of rain. Thus, it is very important to first consider the end use/benefit/value versus the cost of construction and possibly the cost of deconstruction if tearing down the water-flow is necessary. Here is such an example where the state took private land after n
