Can they divert my water?

fantasymaker · #1 01/19/07, 02:09 PM

I live on a creek bluff . Along a ridge formed by the creek on one side and a basin on the other. Years ago they ditched through the far side of the basin so that water would drain from that otherwise swampy area.
When they did the well went dry here.
So The owners of this place built a pond here to help retain what little water flowed off the land and give it some chance to soak in and drilled a new well.
Now new owners over there just across the road are tileing thier land . I m worried that the water wont have a chance to soak in below the tile line and there will be even LESS water coming thru. And what little water does soak in here will be diverted to their tile. Thus further reducing my water supply.
With out the divertion about 1000 acres of land would drain thru my 3/4 mile of bluff ,with it less than 5. It is on the place next to me so all the water coming thru from the land on the other side is going to be captured there and diverted before reaching me

Is it leagle? Is it right? Do I have a right to be upset ? Or am I just ticked because my free ride on thier place is over? What can I do?

Dubai Vol · #2 01/19/07, 02:23 PM

Welcome to the next big fight: water is going to be a big issue for a lot of people in coming years. I don't blame you for being upset but you are not entitled to run-off from someone else's property. For example, I figure that some 23 million gallons of rainwater falls on my property every year ( 55 inches per year/12, x acreage x conversion from acre-feet to gallons, simple enough!)

That water is mine, and I'll do what I like with it. If i use so much that your well or pond goes dry, sorry, but that's your problem. (Fortunately that is not the case and never will be.)

Good luck, hope it works out OK.

fishhead · #3 01/19/07, 02:26 PM

It all depends on what state you are living in and how much the government is willing to do. A simpler solution might be to talk with your neighbors.

nodak3 · #4 01/19/07, 02:33 PM

Find out state water laws. Where I live in Colorado, the water that falls on my land belongs to the state of Kansas.

fantasymaker · #5 01/19/07, 02:42 PM

Well the neighbors are spending many thousands of bucks right now soIm gonna guess they wouldnt be real excited about not useing the tile.
Dubai Vol
Im not sure what you say about not being entitled to the runoff is true but if it is what about the other side? The guy on the other end that gets more water in his floods because the water is going his way?

dcross · #6 01/19/07, 02:57 PM

If the tile is going in now, they ain't stoppin'.

How deep is your well? How long ago was it put in?

fantasymaker · #7 01/19/07, 03:03 PM

OMGOSH It just hit me IM the guy on the other end...Sorta we farm a piece of ground on the creek this all drains into now and I can remeber the old guy there talking about how it never flooded there till after the war he somehow thought all them bombs being dropped had messed up the weather.

The original ditching the basin was started in about 49

fishhead · #8 01/19/07, 03:06 PM

We have an example of how one person using their land is causing anothers to flood in this area. One person clearcut their forest and the increased runoff is now flooding the neighbors land. I assume it will be going to court.

There is a computer program (TR-55) that calculates runoff according to land usages. I would expect the data produced would stand up in court because it is used to calculate stormwater runoff in our watershed district.

fantasymaker · #9 01/19/07, 03:10 PM

Its not so much how much as how fast and where. Now it goes east in a fast flood previously it soakedinto the ground and filtered out in springs all the way around here. Im worried that this will just drain the last few drops out of the aquafier

Trixie · #10 01/19/07, 03:59 PM

Yes, welcome to the next big war.

**ladycat** · #11 01/19/07, 04:28 PM

Quote:

Originally Posted by nodak3

Find out state water laws. Where I live in Colorado, the water that falls on my land belongs to the state of Kansas.

Huh?

RedneckPete · #12 01/19/07, 04:38 PM

Why not just divert the ditch where you found the naked lady into your pond? Should give you all the water you need.

Pete

**Terri** · #13 01/19/07, 04:47 PM

HAve you stopped to figure where those tiles are taking the water TO?

sullen · #14 01/19/07, 05:49 PM

Good one Pete.

stanb999 · #15 01/19/07, 05:58 PM

Quote:

Originally Posted by Trixie

Yes, welcome to the next big war.

This will be the BIG issue for the people that moved to arid/semi-arid areas. IMHO anyone that moves to an area without all water rights is a FOOL. We back east may not have those rocky mountain highs, But we got plenty of water.

As for the issue with water runoff. You are "_itching" that the neighbor wants to dry up his field.

If you want a wetland buy one they are cheap.

**Terri** · #16 01/19/07, 06:08 PM

Quote:

Originally Posted by Terri

HAve you stopped to figure where those tiles are taking the water TO?

I see that I had an incomplete thought, here.

If they are draining it into the creek, you can divert more water into your pond, yes?

palani · #17 01/19/07, 07:32 PM

If you are worried about a tile diverting your drinking water you have more problems than the loss of the water. You have to be getting a lot of farm chemicals and nitrates along with your drinking water.

Why not put in a 200 - 300 foot deep drilled well and keep the toxins at a tolerable level. While you are at it stop heating your house with kerosene and you might be able to enjoy some fresh country air rather than exhaust fumes.

fantasymaker · #18 01/20/07, 12:50 AM

The water is being diverted to a creek on the other side of the basin...several miles away,

Stanb999
I know I feel sorta weird about this thats why I asked for everyones opinion. It seems like they should be able to use their field but It doesnt seem right they can shut off my water supply,It would be kind of like if they took the creek upstream from me and pumped it over into some other creek befor it got to me and thus dried it up.I know hats not leagle here But I dont know about rainwater soaking into and flowing thru the ground.
Id be happy if they just drained it during farming season so that it had the winter to soak into the ground but Iknowhow folks around here are and I doubt I could persuad them odo even that.

fantasymaker · #19 01/20/07, 12:57 AM

Quote:

Originally Posted by palani

Why not put in a 200 - 300 foot deep drilled well and keep the toxins at a tolerable level. While you are at it stop heating your house with kerosene and you might be able to enjoy some fresh country air rather than exhaust fumes.

The water at that depth around here would be totally nasty due to coal and gas so Im not sure that would be a inprovement. And Im not in AZ or Fl so I have to heat my home to use it in the winter

nodak3 · #20 01/20/07, 09:31 AM

ladycat--yep, you read it right. Seems Colorado built a lake years ago farther to the east that dried up a river Kansas farmers need for irrigation. Many years in federal court and the upshot: it is illegal here to even have a rain barrel. ALL runoff is to go to the river for the sake of the state of Kansas. That said, many of us DO have illegal rain barrels since the dept. of health is responsible for enforcing the law, and they just are not gonna do so. We are allowed to divert the run off from the house roof through the garden ONLY because otherwise the erosion would take out one corner of the house foundation and the entire shop. Building inspector WILL enforce that sort of thing. You are not allowed to just up and drill a water well. It requires a minimum acreage (39 I think) and then you can only use it for "domestic water". That means no outside usage--no garden, no crops, no washing the car, no animals. However, those of us on city water from the same river get to do those things WITHIN water restrictions.

Welcome to the water wars. It ain't gonna be pretty.