Oklahoma Water Access - Question

[joegrizzy]

When a person starts asking about “legalities” in scenarios like this, I have to believe it’s because common courtesy and being neighborly isn’t working out for him.

I would say if the neighbor doesn’t want you fishing his pond that it would be a good idea to stay on your side of the fence no matter what the legality is.

i think the issue arises from the legality of "his" pond.

where i'm from, no one owns the water lol

i'm assuming if i owned property and someone made a pond that extended onto mine i would most likely say that is not "their" pond.

 

[joegrizzy]

like this seems incredibly dumb to me; but i don't understand how all our complicated laws made things so much worse.

say it's "his" pond.

okay, now i dig a deeper hole on my side of the pond. i dig a deep run that feeds into it. next time it rains hard, "his" pond becomes mine. now it's all good? you realize water like.....moves right?

 

[Uncle TK]

Water right are different in the eastern part of the USA VS some western states
Eastern: Public highway to highwater mark you can walk on river Bed and carry around falls & Etc.
Western: First in time is first in line (Lake Mead)

 

[Okie4570]

Navigable water/water surface laws won't apply to a pond. Stay on your side. We duck hunt a 6a pond, fence line runs right through the middle, we can only hunt our side.

 

[joegrizzy]

Navigable water/water surface laws won't apply to a pond. Stay on your side. We duck hunt a 6a pond, fence line runs right through the middle, we can only hunt our side.

that's so wild.

so seriously, what are the laws are damming, trenching, diverting, etc? like....diverting water can be a legal liability if there is damage, but i mean unless you're going to claim a few bass, catfish, and some turtles as a loss, or unless you could argue it's a water source for livestock, etc, i'm not sure.....you couldn't just make the whole pond yours?

this seems so silly.

 

[rickm]

Also check the title it is possible that both property owners shared the cost of putting the pond in to begin with so that would make the entire pond both parties, but like said a property line is a property line no matter what is in the way of it unless it is clearly written out in the title/deed. If you are real serious about it you can have a title search done and see what all is in it.

 

[Okie4570]

that's so wild.

so seriously, what are the laws are damming, trenching, diverting, etc? like....diverting water can be a legal liability if there is damage, but i mean unless you're going to claim a few bass, catfish, and some turtles as a loss, or unless you could argue it's a water source for livestock, etc, i'm not sure.....you couldn't just make the whole pond yours?

this seems so silly.

Those are legal issues that I don't have the answers for. I just know that folks in the past have gotten themselves in trouble building new ponds and by changing water flow before.

 

[rickm]

I know you cant dam a stream without getting into a lot of red tape with the soil conservation agency for your area and getting approved which take years and if you use some of their funds to help build the pond you have to have access to for the general public to use.

 

[yukonjack]

You’re trespassing if you cross over the property line. This is a private pond not a public access waterway.

 

[Roadking Larry]

I happen to be in a similar situation to the OPs description.
About 15 years ago they came in and reclaimed the strip pit that crossed several properties. My neighbor and I share a small pond. Since I've always gotten along with my neighbor access from either side just hasn't been an issue with us.
Best option is to be on good terms with your neighbor.