C
cider
Guest
OKLA
Large pond (5-10acres) ALMOST (<-key word?) entirely on neighboring property. The water is partly spring fed from their side but receives a substantial amount of run off from my side.
The water crosses over approximately 100-200 foot of boundary line, approximately 20 foot onto my property, about 2-3 feet deep at high water. Approximately 50 foot of boundary line, approximately 2-5 feet onto my property, less than 1 foot deep at low water.
Because the water is shallow on my side, debri collects, the land is mucky, and the water stagnant with high algae content.
1. Do I have "right of use" of the entire pond although only "a little bit" of the water is on my land (i.e., can I put in a boat at my boundary line and fish anywhere on the pond, even that majority part on the neighbor's side of the boundary? I could launch a small flat bottom boat with no problem).
2. I am considering digging out about an acre of my land about 8 feet deep along the boundary line where the water crosses over. This will reduce the debri, reduce the muck, and reduce the stagnation and algae. In theory, this new pond extension on my side would fill fairly quickly from runoff from my land, but in reality it will fill immediately from the water in the existing pond. Would I be "misappropriating" the neighbor's water?
I know water laws are complicated, but general advice would be welcome at this point.
Thanks for any help.
Large pond (5-10acres) ALMOST (<-key word?) entirely on neighboring property. The water is partly spring fed from their side but receives a substantial amount of run off from my side.
The water crosses over approximately 100-200 foot of boundary line, approximately 20 foot onto my property, about 2-3 feet deep at high water. Approximately 50 foot of boundary line, approximately 2-5 feet onto my property, less than 1 foot deep at low water.
Because the water is shallow on my side, debri collects, the land is mucky, and the water stagnant with high algae content.
1. Do I have "right of use" of the entire pond although only "a little bit" of the water is on my land (i.e., can I put in a boat at my boundary line and fish anywhere on the pond, even that majority part on the neighbor's side of the boundary? I could launch a small flat bottom boat with no problem).
2. I am considering digging out about an acre of my land about 8 feet deep along the boundary line where the water crosses over. This will reduce the debri, reduce the muck, and reduce the stagnation and algae. In theory, this new pond extension on my side would fill fairly quickly from runoff from my land, but in reality it will fill immediately from the water in the existing pond. Would I be "misappropriating" the neighbor's water?
I know water laws are complicated, but general advice would be welcome at this point.
Thanks for any help.