Legal Issues with having a pond?

oosik · Jun 4, 2014

I have a small pond on my property and can vouch that having water on your property can definitely bring added problems.

ultrarunner · Jun 4, 2014

The area I think ideal is in direct view of the home and not seen from the roadway.

Looks like it will remain a paddock for the horses.

RumT · Jun 18, 2014

California had some law come out a while back concerning "bodies of water". It was applicable down to the size of something you could float a two person raft in. I'll see if I cant find it ............

oosik · Jun 18, 2014

My property and lake is 80 acres and is located one mile west of the county road down my mile long driveway. The lake is five acres - 80 feet deep and totally contained within my property. Bottom line - there is no access to my "pond" unless a person is trespassing or invited. BTW - this pond is actually a State of WA named lake - even though I totally own access.
As my State Farm insurance agent explained to me - there are concerns. The pond or lake as she calls it probably would constitute an attractive nuisance - legally. Even if a person were trespassing there is still a question of liability regarding this body of water.
I do not carry any additional liability insurance and am ever vigil regarding unauthorized access.

The little lake was for about 45 years stocked with rainbow trout. It was a blast for my son when he was young and lived at home. We ate so much trout I thought I would grow fins.

Now that he has moved on, I no longer stock the lake and simply enjoy it for swimming and a natural watering hole for all the wildlife in the area.

Soundguy · Jun 18, 2014

RumT said:
California had some law come out a while back concerning "bodies of water". It was applicable down to the size of something you could float a two person raft in. I'll see if I cant find it ............

knowing cali.. if you set your drink on the ground it might be regulated!

ultrarunner · Jun 18, 2014

Somewhere I read about a threatened frog that took a liking to a pond... from that moment, the owner lost control...

Larry Caldwell · Jun 18, 2014

dave1949 said:
Of course all areas/states are different but in areas where water isn't fought over, properly developing ponds and wetlands is usually supported and encouraged. There are correct ways to do it and there are wrong ways. The Feds or the EPA would be the least of my worries in this area. The key here is to stay away from running water and existing wetland habitats when locating a pond.

If a person is willing to follow some sensible rules, they can avoid a lot of problems. It's always the folks who think they know better, or have a constitutional right to be ignorant, that get themselves into trouble in these cases.

Exactly right. The first thing to do is homework. Contact county planning, the division of state lands, the land conservation service, the wildlife department, and the army corps of engineers. Submit plans and get approvals. If you build a dam, it has to be engineered. There are water rights to be considered. I did some erosion control work on the banks of a fish bearing stream a few years back. There were restrictions like no concrete, and I had to cover the riprap with soil and plant native species. I had to do the work during periods of low water flow. The actual permitting process was pretty simple. I drew the plans myself, after researching requirements. Permit costs were minimal.

If you can't take the time and effort to do it right, don't do it at all.