Fine, BUT... What if the pond were stocked with the SAME SPECIES as the stream, just bigger and fatter because the owner feeds them lavishly? (assume a weir or grate to prevent the big fat fish from getting away.
Pat
Fine, BUT... What if the pond were stocked with the SAME SPECIES as the stream, just bigger and fatter because the owner feeds them lavishly? (assume a weir or grate to prevent the big fat fish from getting away.
Pat
"I'm not from your planet, monkey boy!"
In Mississippi one can fish any navigacible (sp) waterway, but they may not cross private property to access it nor may they exit the waterway onto private property, if they do they are then trespassing.
You ARE a redneck if... you knew someone whose last words were "Hey y'all, watch this!"
Pat, here a stocked private pond is private. It can not be connected to an active waterway.
I'll find out more about it when I find my fishing regulation and post it.
Egon [img]/forums/images/icons/grin.gif[/img]
Tresspass
Egon [img]/forums/images/icons/grin.gif[/img]
WTA,
I can understand your frustration. I had hoped that the property we bought would give us the same peace and quiet you are looking for. Why some people think that because "they were there first", they have some special rights to others' property is beyond me. I've had people tell me that they can hunt/travel the gas company easement that crosses my property. I had to explain to them what an easement is and that I do indeed OWN the property. One neighbor said that the owner PREVIOUS to the person who owned it before me had let them fish/hunt on the property. He said it as though I would change my mind once I knew that 10 yrs ago, the owner let him on the property (grandfather clause???). Being the social person that I am, I was not looking to move to the country to get away from "people" like a lot of city-dwellers do. But as I said earlier, I can't imagine inviting these folks over for a barbeque in the future, once my house is built.
However, it sounds like it's outsiders and not YOUR neighbors who are a problem. But that's a problem anywhere (city or country).
By the way, thanks for the military service. If it wasn't for people like yourself, we would be defending our homes from a lot more than trespassers.
All of my existing ponds (10) are on seasonal creeks that don't flow at the surface during the dry season. There are ponds owned by others upstream of me in one instance. My ponds overflow into seasonal creeks that drain to the South Canadian River. All my current ponds drain into each other and or toward the south or southwest to get to the S. Canadian which essentially flows east.
I am building a new pond on the north boundary of my property and it will overflow northward through a culvert under the highway and then east 1/2 mile and then south to the river. It will be #11 and the only one that drains off my property right away and does not feed nor is fed by others. It has no seasonal creek feeding it just pasture runoff.
Of course these seasonal creeks are not navigable by watercraft most of the time and where they cross private property they are not accessible to the public.
Some states prohibit or closely control the impounding of water and or damming up a seasonal creek. It requires permits and may be prohibited. Even building a structure to slow the passage of water is strictly and tightly controlled in places such as Arizona. That was a problem for me as regards Arizona and a reason I fell out of love with buying land and building there. In Oklahoma it is frequently encouraged and often subsidized by various organizations including soil conservation districts, NRCS, etc. Pond #11 is being built as a cost share between me and all the folks paying federal taxes in the US. Thanks, everyone!
If I did something incredibly stupid and raised some really BAD fish and they were washed down stream into someone else's pond I'm not sure what liability issues would be raised or how they would be adjudicated. If you get some of my bass and crappie in your catfish mono-culture pond, I don't know if you can sue me or if you are expected to protect yourself with weirs etc.
With walking-around-on-the-ground livestock not swimming with gills Oklahoma is a fence in state and you are required to fence your stock in not the other guy being required to fence your stock out. I don't know if that is the model/precedence for fish too.
It is interesting how different jurisdictions have such widely varying practices.
Pat
"I'm not from your planet, monkey boy!"
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