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market-farming - Re: [Market-farming] irrigating from a stream

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  • From: "Wyatt Jones" <wyatt_jones AT netzero.com>
  • To: <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] irrigating from a stream
  • Date: Fri, 25 Feb 2011 11:35:15 -0500

I had to deal with the legal implications of streams, albeit mostly for a different purpose.  In my case I was replacing a bridge in order to allow access for farm equipment and a house.  There was already a wooden bridge there but I would not have been allowed to build a bridge such as that one because of environmental and flood issues.  It took quite a bit of research, studies and paperwork with the federal  and state (Indiana) governments.  The county didn't care, in fact one didn't even need a permit to build a house there but that didn't make any difference, it was the state and Federal governments that were the sticking points, especially Federal.  One has to take into consideration things like 100 year flood patterns, yearly flows, how the action will affect the stream in drought and flood periods, downstream water rights, what kinds of animals live in the stream and how the change will affect them etc etc etc.  It took quite a while to get it done and it I had to go back and start again a few times when some detail threw a monkey wrench into the works.  I did make it through it all but it cost a chunk of change and about a year and a half of work.   I also had a lot of beaver problems, those also cause problems as they are protected.  They would take down huge trees, block another creek flooding my fields, real pains in the rear.  Every time I turned around I had to tear one of their dams out, which wasn't easy considering the size of the trees they used, the swampy land around the stream etc. There were four creeks on my property, The biggest one was closer to the size of a river actually and flowed into the Wabash.  I considered irrigation from the steams but found that I was prohibited from doing so by law, in fact I found that I wasn't allowed to put a well very close to these streams.  I forget the details as I sold the property and moved on but the situation was a real headache. 


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