Dam on Barton Creek (lawsuit, legal, locations)

[Kayaking]

I live near the dam in question and know who owns that property. The dam is old but the owner cleans out fill every few years, and that is what you see on google. I know he took pains last time to bury the gravel under the soil. Anyway, there are dozens of old dams between hwy 71 and Dripping Springs that owners use to get lawn mowers, catlle, etc.. across the creek to the rest of their property. This is a largly agricultural stretch of the creek that is rarely traveled, and often dry. I'll turn the owner onto this post in case you all have any questions..I'm sure he'd be glad to answer them.

[jobert]

The reason it was brought up was that the dam looked suspect as the area surrounding it appeared disturbed/paved with what looked like rock/concrete. Bald patches that look like new construction will get attention especially when we are in the middle of an historic drought with stage 2 restrictions for Austin, and stage 3 restrictions for SA. I too, have a concrete dam that holds a pond behind my house, and appears to have been there since before I was born. You can't see it from google earth, as the overgrowth is heavy. I would not swim in it though. Back to the dam on Barton Creek: proper channels were used to inquire about it as concerned citizens. There wasn't a response from authorities saying this dam was inappropriate to the best of my knowledge. If the owner feels compelled to discuss his dam, he can, but is not obligated to do so. No one was being "nosy" as a poster previously suggested, but civic duty instigated the inquiry and it's a blessing that this town has residents that care enough to do so.

Thanks for responding Kayak,
Take care.

[CptnRn]

It is pretty clear from these two images showing the site in 2003 (left) & 2006 (right), the yellow area is Austin's ETJ that this was far more then cleaning a little silt out. Not to mention the huge area of disturbed soils all around the creek. All of that disturbed white soil is what caught my eye when I was browsing the google map. It is also obvious from the photo that the dam on the right did not exist in the photo on the left.

[FueledByBlueBell]

Hey, check it out Bullick Hollow brothers defend dam

Not the same, but interesting.

[verybadgnome]

Originally Posted by FuledbyBlueBell

Hey, check it out Bullick Hollow brothers defend dam

Not the same, but interesting.

I don't think they'll win that fight simply b/c they did not go through the proper channels initially.

Also ignorance "The Stricklands also say they didn't think they needed a permit because they live outside the city limits." is no excuse. This part: "the brothers are perplexed because they had built a much larger dam on the other end of the property in 1984 "and nobody complained about it."is pretty irrelevant since no one probably knew about it hence no complaint.

[Lillibelle]

So this is not the same dam?

[austin-steve]

Originally Posted by Lillibelle

So this is not the same dam?

No, not the same dam.

[CptnRn]

Originally Posted by FuledbyBlueBell

Hey, check it out Bullick Hollow brothers defend dam

Not the same, but interesting.

You can see the Bullock dam here

bullock - Google Maps

[CptnRn]

Relative to both the Bullick Hollow Dam and the Barton Creek Dam, I have been researching what the Texas water rights laws say about these practices.

Texas water rights are regulated by the Texas Commission on Environmental Quality . Their website states:

Water in the rivers, streams, underflow, creeks, tides, lakes and every bay and arm of the Texas portion of the Gulf of Mexico is considered state water. Its use may be acquired through appropriation via the permitting process established in Texas Water Code, Chapter 11, and Title 30, Texas Administrative Code.

They publish a very informative brochure titled "Rights to Surface Water in Texas", that states in regard to the question "Who owns this water?":

Surface water in Texas is owned by the state and held in trust for the
citizens of the state. The state grants the right to use this water to different
people, such as farmers or ranchers, as well as to cities, industries,
businesses, and other public and private interests.

In regard to the question, "Do I need permission to use this water?" it states:

Yes, anyone who wants to use surface water in Texas must first get
permission from the state unless they are using the water for one of
several “exempt uses” in the Texas Water Code.

The few exemptions allowed include "Domestic and livestock use" and "Wildlife management", neither of which is likely to be granted for this residential property.

It appears the Bullick Hollow brothers are trying to claim a "wildlife management" exemption. In regard to this exemption the Texas statutes state:

(b) Without obtaining a permit, a person may construct on the person's property a dam or reservoir with normal storage of not more than 200 acre-feet of water for fish and wildlife purposes if the property on which the dam or reservoir will be constructed is qualified open-space land, as defined by Section 23.51, Tax Code.

Section 23.51, Tax Code defines "Qualified open-space land", "Agricultural use" and "Wildlife management". It is doubtful that either of the properties in question truly qualify for these exemptions.

"Qualified open-space land" means land that is currently devoted principally to agricultural use to the degree of intensity generally accepted in the area and that has been devoted principally to agricultural use or to production of timber or forest products for five of the preceding seven years or land that is used principally as an ecological laboratory by a public or private college or university.

Owning a piece of land in Texas does not give you the right to dam any streams that cross it and trap that water flow, unless you specifically own the water rights.

For any of you interested in capturing rainfall that falls on your land, for irrigation or domestic water purposes this is completely legal and allowed without any kind of permit.

[austin-steve]

Good research, worthy of rep points but I gotta spread some first.