irrigation from a creek; do I need a permit and tips/advice

[sdkubota]

Most of the laws governing water ownership are in the Western states. And I would think that 50' would be plenty far enough to take care of any leaching laws, if you had any and since your property line goes to the center of the creek, I'd bet you're good to go.

Every state is different, here in Kentucky, if it's a "navigable" stream, your line can only go to the edge of the water, but there are no laws or restrictions on pumping out of it.

I'd just call the County Extension Office and ask them. If they have to have a name of who's calling, give them whatever sounds good.

In my mind, I'd just go ahead and pump, it's not like you're going to drain the creek and cause any ecological disaster just watering a garden

The term navigable is extremely misleading. I believe any area that has water in it for a couple of weeks per year is considered navigable...even a roadside ditch. The stream may only be a couple of inches wide.

 

[bcp]

"Navigable" varies by who is using the term:

River Law: Who owns the rivers? River navigability law, for river access, river rights, river conservation, canoeing, kayaking, rafting, paddling, whitewater, and fly-fishing.

 

[dmccarty]

The term navigable is extremely misleading. I believe any area that has water in it for a couple of weeks per year is considered navigable...even a roadside ditch. The stream may only be a couple of inches wide.

That N word is open to interpretation. Years back when I lived in FLA, it was being debated if navigable meant you could float a boat aka a canoe or kayak. This would have opened up the Everglades to Federal regulation. Mostly it was concerned with applying Federal boating safety laws and regulations but I suspect that might have been the camels nose under the tent. Not sure how the N word was eventually defined.

Later,
Dan

 

[bcp]

That was struck down by a federal judge! I think it was struck down in December or earlier this month, I can't remember but the judge ruled that under the Clean Water Act that rain water was not a pollutant.

Here it is! Federal judge rules EPA overstepped authority in Virginia | Fox News Video

EPA claimed excessive rainwater was a pollutant. Court said "No."

Prohibition of rainwater collection is an entirely different issue.

Bruce

 

[Brad_Blazer]

Reading Room Overview, National Agricultural Law Center
"The riparian landowner has the right to make "reasonable use" of the watercourse. This means that the riparian landowner may make a reasonable use of the waters, as long as that use does not interfere with the reasonable use of another downstream riparian landowner. Reasonableness is a comparison of the proposed use with the other riparians' uses. The law considered any natural uses, such as water for drinking, watering livestock, or watering a garden, as reasonable. Artificial uses, such as those for irrigation or industry, are considered reasonable uses under most states' laws. "

http://www.adeca.alabama.gov/Divisions/owr/awawg/Documents/2012_08_31 WAWG_Water_Issue_Report_31.pdf
"Traditionally, most eastern states have relied on some variation of riparian law (i.e. legal rights associated with land ownership adjacent to a watercourse). However, pure riparian law as is used in Alabama is not an effective way to manage water resources for the betterment of all users. A regulated riparian legal structure is evolving in the southeastern states as a more effective way to manage water resources, ensuring that public and private needs are met and minimizing conflicts and litigation."

 

[greasemonkeyok]

Just guessing that you have to fill out this form:

http://www.adeca.alabama.gov/Divisions/owr/Documents/Water MGMT/Supplemental/dbu-sw.pdf

 

[Brad_Blazer]

Only if his pump has a capacity of 100,000 gallons/day. That's about 70gpm.
ADECA - Water Management

 

[rkeith]

Only if his pump has a capacity of 100,000 gallons/day. That's about 70gpm.
ADECA - Water Management

I'm only looking at *maybe* 20 gallons every other day.

 

[rkeith]

Reading Room Overview, National Agricultural Law Center
"The riparian landowner has the right to make "reasonable use" of the watercourse. This means that the riparian landowner may make a reasonable use of the waters, as long as that use does not interfere with the reasonable use of another downstream riparian landowner. Reasonableness is a comparison of the proposed use with the other riparians' uses. The law considered any natural uses, such as water for drinking, watering livestock, or watering a garden, as reasonable. Artificial uses, such as those for irrigation or industry, are considered reasonable uses under most states' laws. "

http://www.adeca.alabama.gov/Divisions/owr/awawg/Documents/2012_08_31 WAWG_Water_Issue_Report_31.pdf
"Traditionally, most eastern states have relied on some variation of riparian law (i.e. legal rights associated with land ownership adjacent to a watercourse). However, pure riparian law as is used in Alabama is not an effective way to manage water resources for the betterment of all users. A regulated riparian legal structure is evolving in the southeastern states as a more effective way to manage water resources, ensuring that public and private needs are met and minimizing conflicts and litigation."

Very interesting...

 

[kw22614]

Watch out them revenewers don't think your suppying a still! :laughing: