Is it legal to stop the water flow from a creek?

Question

A neighbor built a dam to create a pond,,now every one down stream are left with a dried creek bed.Many used the creek so their farm animals would get fresh water,,some would water their gardens and crops..One lost several thousands of minnows after the creek dried out,he had been raising them to sell to local fishermen.

They have been crops,farm animals,fields and bee hives that depend on the creeks running water,,now every one is left with a dried creek bed...

Isnt there any laws that forbid blocking all water flow,,once u build a dam arent u susposted to allow water to freely flow?If so who would I contact?

The reason I am asking is because this creek has been active for over a hundred years,and now since it has dried up from their pond,people are starting to loose money in their investments.

Answer 1

Aren't the others also using the water and not allowing it to flow freely?  

Answer 2

You should call your local county engineering dept. Illegal dams not only cause the dry creek bed you mention, but can also cause flooding. If this dam is in fact illegal, the person will be ordered to remove it.

Answer 3

Garsh, sounds like the plot from a Bonanza episode!

Yes, indeed, water rights very much exist for precisely the reasons you so eloquently describe. These are called riparian rights http://en.wikipedia.org/wiki/Riparian_wa... and they may involve both state and federal authorities as well as the county and/or municipality. Start at the bottom and ask for the number of the correct authority over riparian rights and interests in your jurisdiction.

In addition to environmental issues, it sounds as if there will civil disputes for money damages over losses once causation has been proved. But start with the authorities of which there will likely be more than one.

Answer 4

ask a local lawyer about riparian rights of the local landowners.