Who owns your water?

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rainingcatzanddogs

A True Doomsday Prepper
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Water. We all need it. If you live in a rural area you most likely have a well and get your water from underground. You've got a well, a spring, or spring fed creek, live along a lake, pond or river...you're golden right? Maybe not.

We have all heard the environmental crowd attack fracking and even placing the blame for earthquakes squarely on its shoulders.

What happens when you take water out of the ground? In some areas, you get what they call subsistence. The ground sinks.

A University of Houston study recently found that areas of Houston and its burbs are sinking. Being that it is a low-lying area to begin with, some homes that were not in a flood plain 20, 30 or 40 years ago, may now be.

Researchers Find ‘Significant Rates’ of Sinking Ground in Houston Suburbs

What does this have to do with prepping?

“The solution” they propose is that more of the water not be removed from the aquifer but, instead from surface water such as lakes and rivers. (There has been a push to declare certain areas an "aquifer protection zone" or an area of residents agreeing to give up their ground water rights to tap an aquifer and let the state control that water).

But…that begs the question of who “owns” or controls those waterways?

In Texas AND many other states, that would be the State.

Under Texas law, the streambed and minerals underlying a navigable stream are the property of the State. Conversely, the streambed and minerals underlying a non-navigable stream are the property of the private landowner. It is important to note, however, that all water in a watercourse–whether navigable or not–is owned by the State of Texas.

Essentially, the ability of the public to use the stream depends upon who owns the bed. If the state owns the streambed (meaning that the stream is navigable), the public has the right to use the bed and banks and the adjacent landowner may not prevent persons from doing so. See Texas Water Code Section 11.096. If, on the other hand, the private landowner owns the streambed (meaning that the stream is classified as non-navigable), the public has no right to use the bed and banks and the landowner may erect barriers to prevent the public from doing so.

Under Texas law, navigable streams are waterways that can be used for trade, transportation or commerce; averages 30' wide (the entire bed not just the width of the flow) from the mouth up (regardless of whether or not they run dry some times of year), and can be traveled are considered Navigable by "fact" or by "statute".

Ultimately though, the Federal Government has been pushing for the EPA to take control of all surface water: that goes for rain catchment, lakes, streams, spring water, rivers, ponds, livestock tanks….they would like to own the aquifer water as well but, that is a bigger jump. Since they are progressive, one step at a time.

The Environmental Protection Agency’s Clean Water Act (CWA) states protection for Waters of the U.S. (WOTUS). WOTUS intends to outline federal jurisdiction over waters, but the act provides no clear definition for WOTUS. This ambiguity has led to interpretation changes between presidential administrations, and further interpretation for regulation is left to the states when there is a loose description for waters.

Many of us have wells. Some of us have spring fed creeks. It will not be beyond the eventual scope and landgrab by the WEF-er’s, to try to control those sources of water, even wells.

Also of interesting note; if you live in Texas and have a “navigable” stream, creek or river running through your property, a person, walking, kayaking, canoeing, on/through that water but, through your property, is NOT trespassing by law.

If you want to dam up part of your spring fed stream, create a reservoir, and put in hydro electric power, you might not be "allowed" to do any of those.

It behooves all of us to know what our State and Local water right laws are AND to keep a close eye on the future actions of the EPA. This is something to take into consideration when looking at property for a BOL.

What are the particulars of water ownership in your State? Might be good to know.
 
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"Navigable waterway" sometimes has a murky gray area. For example, running through one corner of the BOL is a creek that is "navigable" year round which opens up into a 400 yard wide cypress brake for two and half miles which is only navigable when the water is up, usually in winter and spring. But the creek channel running though it is always navigable.

But, you cannot get to that creek without crossing posted private property because where it runs into the river it's going through a flood control structure, and you can't launch from there or even get to the creek by foot from there without crossing posted private property. Yet it's still considered a navigable waterway because at one time, there was no flood structure, and once a navigable waterway, always a navigable waterway.

A case went to the Supreme Court for a similar scenario where a guy took a canoe across private property to a creek. (portage is actually allowed if it is "necessary" to avoid obstacles in the waterway) They ruled against the canoeist.

So, to legally navigate it, you have to have rights to the land on the banks somewhere in the next two and half miles. We did have rights at one time to the entire area that had access, either by ownership of the land or leasing the land on both sides of the brake and we duck hunted by boat. Once we lost control of part of the access, we lost control of the whole brake. Now we only have that one section going through the corner of the property, but because it's a navigable waterway, we can, if we wanted to, launch there and go anywhere on the brake legally...ONLY IF THE WATER IS UP.
 
"Navigable waterway" sometimes has a murky gray area. For example, running through one corner of the BOL is a creek that is "navigable" year round which opens up into a 400 yard wide cypress brake for two and half miles which is only navigable when the water is up, usually in winter and spring. But the creek channel running though it is always navigable.

Navigable as defined by our state is an average. Georgia may be different. That was why I suggested people check into their own state laws.

So, if for the length of the ENTIRE waterway from start to where it empties into another named waterway, the average is 30' wide bank to bank, regardless of the width or depth of the actual water flow, then it is the property of the state.

It doesn't matter if you can float a boat or not. An average of 30' bank to bank along the entirety of the water body.

My kids' former employer went to court over this. He had people passing through his property on foot, sitting in the water and drinking beer. The creek runs dry in spots certain times of the year and has bridges across it that a human can't fit under, but, because the banks average 30' or greater, he lost. It is considered "navigable".

Like many things in legal-eze, it is not the common meaning of the word that is used but, how it is defined within the specific law.
 
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Georgia water laws are not bad and pretty basic, as long as you aren’t using more than 100,000 gps.

Small glimpse of the law in Georgia…

Water rights in Georgia vary according to the amount of water withdrawn from the water source, whether it is a surface water source (river, stream, reservoir) or a groundwater source (aquifer).

Georgia’s water laws for surface and groundwater withdrawals greater than 100,000 gallons per day (herein “gpd”) are regulated by a comprehensive permit system. However, for withdrawals from surface sources that are less than 100,000 gpd, Georgia’s water laws closely follow the common law Riparian Rights doctrine, which is defined by decisions of the Georgia Courts.


Georgia’s Riparian Rights doctrine is codified in O.C.G.A. §§ 44-8-1 and 51-9-7. Section 44-8-1 provides:

Running water belongs to the owner of the land on which it runs, but the landowner has no right to divert it from the usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.”

We have 3 natural springs and a large pond on our property. One of the main reasons we purchased this piece of land.
 
That's pretty much the same throughout the country, at least in the west it is. The government "owns" the water. Many people have lost their land because of new definitions of wetlands by the EPA. Now days any land that has standing water on it for at least part of the year could be considered wetlands.
Technically, when you drill a well (permit required) for your house your only allowed to use it for domestic uses, not irrigation. If you're going to use a well for irrigation, then you need to file for water rights for a certain number of acres. The state will compare aerial photos to check on compliance.
We have a spring fed pond on our ranch. I filed for water rights on it just to make sure that nobody else filed. Yes, you can file on a spring even if it's on someone else's land.
In most cases, even if the water originates on your land, you can not legally dam that stream. Because that water flows down and eventually becomes someone else's or it feeds a lake or river.
Water is a huge issue. Wars have been fought out west over water rights. And they are still being fought today, only in the courts now.
When buying land ALWAYS research the deed. Look for any easement or right of ways that could be owned and used by someone else. Check to see who owns the mineral rights, water rights, timber rights, etc. A couple years ago I sold some land that had a lot of marketable timber on it. I withheld the timber rights until the property was paid in full.
Do your due diligence before signing any document.
 
Georgia water laws are not bad and pretty basic, as long as you aren’t using more than 100,000 gps.

Small glimpse of the law in Georgia…

Water rights in Georgia vary according to the amount of water withdrawn from the water source, whether it is a surface water source (river, stream, reservoir) or a groundwater source (aquifer).

Georgia’s water laws for surface and groundwater withdrawals greater than 100,000 gallons per day (herein “gpd”) are regulated by a comprehensive permit system. However, for withdrawals from surface sources that are less than 100,000 gpd, Georgia’s water laws closely follow the common law Riparian Rights doctrine, which is defined by decisions of the Georgia Courts.


Georgia’s Riparian Rights doctrine is codified in O.C.G.A. §§ 44-8-1 and 51-9-7. Section 44-8-1 provides:

Running water belongs to the owner of the land on which it runs, but the landowner has no right to divert it from the usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.”

We have 3 natural springs and a large pond on our property. One of the main reasons we purchased this piece of land.

BOL1 has what they deemed to be "Navigable" it hasn't flowed since spring. BOL2 has a non-navigable spring fed creek that begins on our property. It has an old dam on it. If we dug down 15' in some areas, we could make a pond. Historic drinking water well depth is 30' (no permit needed for DIY) and it also has a "community" water meter at the road.

Damming of non-navigable is allowed here; no permit required. We have timber rights, water rights, anything above ground and rights to anything under the ground (gold/silver/coal included on both) with the exception, specifically stated, in a signed addendum, of natural gas and oil. Things like iron ore or gravel are ours at BOL2.

Water rights are a big issue familiar to ranchers and farmers but, even people who own rural properties and rely on wells, haven't really explored them as far as what might happen down the road or in a SHTF (chaotic but, government is still in control in most regards) situation.
 
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We live in a semi arid area with, if we're lucky, up to 26 inches of precipitation. Most all of it falls as snow, 10-12 inches of snow = 1 inch of water approximately. It's not uncommon to go 4 months in summer with zero rain, and then snow fall all winter. So water is a huge issue out here. We have a good well (26 gpm) with plans on drilling another well by the house. If things work out, I'll use our existing well for irrigation. I'll file water rights for 10 - 20 acres and set up some sprinklers. I'll talk with an expert and see if it's feasible to bore out our 6" well to 10-12" dia. I've got several seasonal streams on the property that I'd like to dam. One place I could probably get a 10 acre pond. I'll look in to permits first. Several creeks in the area get their start on our property.
 
I have a “seasonal” creek that runs through my back 10. Never seen a drop in it. It would have a pretty waterfall in it.
In my research, the spring that feeds it was dammed up in the 40’s. Because it was a newspaper magnates mothers property, I am sure it “was totally legal”
It’s on watershed property now, but if worse came to worse I could find a veteran with some experience to take care of it.
 
In my primary home in South Louisiana, we have to much water.
Same at the BOL. Too much water half the time. At one time the land was jointly owned by my mother and her sister, and we had a half mile of a major river, but when my mother and her sister split the land, we lost that. Now we are a mile away from the river, and it backs up onto our land in the winter. Camp is on a high ridge that has never flooded in recorded history.
"Downstream" for us is drainage ditches going to the river. Nobody wants that water, especially in the spring when the farmers need dry land to prepare their fields.
 
I read a book called "The Hungry Years" back about three years ago. It is about the Dust Bowl, how it happened, why it happened, told through the memories of those who lived it.

The government and developers encouraged people who had never farmed anything other than a garden, many had never owned land, to migrate to an area of NW Texas and Western Oklahoma. Rainfall there was sparse.

Cattle farming was the natural use for the land but, the newbies tried to grow everything from wheat (which was commanding high prices) to apple trees. Things went okay for a while until the motorized tractor (and loans) made it possible to till and plant 3x as much land as you could handle manually.

Everyone got their irrigation water from drilling into the ground, tapping into the aquifer. Water levels in the aquifer started to drop and wells had to go deeper and deeper, but, people just kept buying grassland to till under, as wheat prices were heading to double what they were a few years before.

When the drought hit, the wells dried up, as did the fields. Wheat prices, due to government price caps, tumbled. This meant that whatever meager amount of wheat that the farmers brought in, could not pay the bills. "Farmers" lost their equipment, their top soil, their lands and their livelihood.

It is where the persecution of farmers as being destroyers of the environment and farming began. It started with people who thought that you could just dig a hole, drop a seed in, water (in unending supply) and voila! You were a farmer. It was also caused by a government that played with the markets (financial as well as commodities) as well as shysters that pushed a dream on people who were ignorant of reality.

My father's family were farmers. First in New York in the 1600's then in Pennsylvania, Ohio, Illinois, North Dakota, and for a time, eastern Oklahoma. They saw the dust bowl coming but, lost most of their farm in the Great Depression none the less.

300 years of farming experience, through the revolutionary war, the civil war, WWI and the chaos of that era took them down.

The difference was government trying to "fix" a problem that they created. That stands as a lesson to future generations facing a SHTF scenario.

Water is as important today as it was then; as is knowing your soils, your topography, your crops, your climate, pests, diseases and what natural resources are available.

When SHTF and government is grasping at straws, it will be their interference, that makes things worse, not better. The law of threes: Three minutes without air. Three days without water. Three weeks without shelter. Three months without food.

Control the water and you can have people (including those with lots of land) dependent upon you in three days.
 
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What are the particulars of water ownership in your State? Might be good to know.
The screwed up socialists who were "in charge" of Hungary years ago tried to "sell" the water rights to Hungarian water sources to the screwed up company in Switzerland--Nestle---and they wanted to prevent anybody from using or drilling any new water wells on private property. Nestle is and was trying to buy water rights up all over the Eastern side of Europe so long they were being run by socialists and communists (private capitalists). We drilled our well here back in before anyone could do anything about it and it is now "so old" that nobody can do anything against it. We can drink it but it needs a silt filter to get the very fine sand out of it.
 
This reminds me what what I heard yesterday. The government has allowed Black Rock and Vanguard to purchase shares in utility companies nationwide WITHOUT QUESTION or normal vetting and procedures!! They have just extended that “right” 3 additional years!!!

They have gone after water. Just like Gary speaks of in his post regarding Hungary.
 
When we lived up in the northern part of the state we had an abundance of water. I put in a pond in by the cabin. There was no sign of water on the surface, but when we started digging the water started flowing. The water flowed out of that pond at over 1500 gpm. The water was crystal clear. I put in a dock, a sandy beach and transplanted fish from our creek.
We had several springs, beaver ponds and 2 creeks. If fact the ranches name was Beaver Springs ranch.
When I put my well in I drove an 1-1/2" pipe with a sand point down about 25' and put a pump on top.
Now on our current property our well is 650' deep. If I lived in an area where the water table was only around 200' or so, I'd buy a DeepRock drill and drill my own well or wells. Then sell it or hire out drilling wells for other people.
 
Hi Guys
Even though I presently reside in Cayman Islands, I still own 200 acres of property in northeast of Canada since I was a teen. I Have built a shelter on it many years ago, and it has a running spring fed stream. I made a pond just off the stream and it only a few steps from my shelter door. IT is an Oasis for us, and it has been a family secret for a many years until recently. Someone found our shelter and reported us to the local authorities (City Hall). Even though we are in a remote rural area, the city has claimed that we are not allowed within 300 feet of either side of the water way, as it feeds the water shed for the city. Funny....i pay taxes on this property, and their land claim is substantial. WE did not respond to City Hall, instead we have been taking measures to fence our property including the stream we and guard it as best we can. It has been two years now and we have not heard anything back. Some people just can't mind their own business, hopefully they leave us alone.
 
Hi Guys
Even though I presently reside in Cayman Islands, I still own 200 acres of property in northeast of Canada since I was a teen. I Have built a shelter on it many years ago, and it has a running spring fed stream. I made a pond just off the stream and it only a few steps from my shelter door. IT is an Oasis for us, and it has been a family secret for a many years until recently. Someone found our shelter and reported us to the local authorities (City Hall). Even though we are in a remote rural area, the city has claimed that we are not allowed within 300 feet of either side of the water way, as it feeds the water shed for the city. Funny....i pay taxes on this property, and their land claim is substantial. WE did not respond to City Hall, instead we have been taking measures to fence our property including the stream we and guard it as best we can. It has been two years now and we have not heard anything back. Some people just can't mind their own business, hopefully they leave us alone.
That sounds like a normal set-back for building around water. The idea is to protect people from being flooded out and to keep from polluting the water. I couldn't care less if someone's home got flooded because they were foolish enough to build too close to the water. But I do care if their septic leaked in to the creek.
 
That sounds like a normal set-back for building around water. The idea is to protect people from being flooded out and to keep from polluting the water. I couldn't care less if someone's home got flooded because they were foolish enough to build too close to the water. But I do care if their septic leaked in to the creek.
Arcticdude,
you raise a very important topic, rest assured we are well above any flood line and out shelter septic system would be that of one that is code compliant for any region. The environment is a great concern of ours and we consider ourselves custodians of it. We attempt to do things correctly. Thank you for your input and pointing this out as it is a valid one.
 
Personally, I think after two years and no further problems from City Hall…you seem to be safe for now. Hopefully will stay safe. Fencing the property off and putting up STAY OUT signs around should prevent more people from venturing onto your land and then squawking to the authorities. Only a deep drought might cause them to consider your property an issue.
 

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