Oklahoma and Texas Excavation Pond Permitting
Pond Building Solutions from Texoma Excavation & Construction
Oklahoma and Texas Excavation Pond Permitting
Pond Building Solutions from Texoma Excavation & Construction
Verify Permitting Requirements in Your Area
What type permits are required for excavation type pond building on private property in Texas and Oklahoma in general and the Texomaland part of the state in particular? Who has the rights to the water and do different excavation pond uses such as purely aesthetic uses, or more specific uses such as: swimming, fish stocking, wildlife refuge, retaining pond, or stock pond for watering cattle, etc., affect water ownership and permitting issues? Are there waivers for ponds of a certain size?
The pond building and excavation process may or may not require a level change permit depending on various factors, such as the location, size, connection, and impact of the pond on the surrounding environment. Different states and agencies have different regulations and requirements for pond construction and maintenance.
Since our company is located in the Texomaland area of north Texas/southern Oklahoma around and east of Lake Texoma, our permitting information at present is focused on those states and area. Note that we pose as many or more questions as provide comprehensive answers in this webpage. We provide resources so that you can get more information and be better prepared to speak to a pond building contractor about your plans.
Texas Pond Permit Information
According to the Texas Parks and Wildlife Department and the Texas Commission on Environmental Quality, various aquaculture and pond management activities may require permits or licenses. It is advisable to contact the Texas Commission on Environmental Quality to determine if any wastewater authorizations are required. Activities involving exotic species will require a permit from the Texas Parks and Wildlife Department. Certain commercial licenses may also be required by the Texas Parks and Wildlife Department for pond management activities [1].
Texas law provides an exemption from the state water permit process for small ponds used for domestic, livestock, wildlife, and purposes with less than 200 acre-feet in storage capacity [1] [2]. Diffused surface water is the private property of the landowner [1]. No permit is required to use this water to fill the pond [1] [2].
Please note that the nuances of Texas’ water laws that landowners must navigate when filling their ponds are complex. Surface water flowing in a watercourse on your land is state property. If water filling your pond is diverted from a watercourse, you are taking state owned water and a permit, issued by the Texas Commission on Environmental Quality, may be required [1].
Different excavation pond uses such as purely aesthetic use, swimming, fish, etc. may affect the water ownership and permitting issues. For example, if the pond is used for swimming, it may be subject to additional regulations and requirements [1].
Oklahoma Pond Permit Information
According to the Oklahoma Department of Wildlife Conservation, a permit is not required for pond construction on private property in Oklahoma [7][8]. However, it is advisable to contact the Oklahoma Water Resources Board to determine if any permits are required for excavation activities.
The ownership of water in Oklahoma is determined by the state’s property ownership law. Diffused water, i.e. water flowing over the surface of the earth and not forming a definite stream, is owned by the owner of the land. Groundwater (i.e., water flowing under the surface but not forming a definite stream) is also owned by the owner of the land [10].
Different excavation pond uses such as purely aesthetic use, swimming, fish, etc. may affect the water ownership and permitting issues. For example, if the pond is used for swimming, it may be subject to additional regulations and requirements [7].
If the pond is used for stocking fish, a permit from the Oklahoma Department of Wildlife Conservation is required [7].
If the pond is used as a wildlife refuge, it is advisable to contact the Oklahoma Department of Wildlife Conservation to determine if any permits are required [7].
If the pond is used as a retaining pond or stock pond for watering cattle, no permit is required [7].
Resources
- 1Texas Water Law: A Pond to Call My Own., Online resource.
- 2Water Rights: Permits – Texas Commission on Environmental Quality, Online resource.
- 3WATER CODE CHAPTER 11. WATER RIGHTS – Texas Constitution and Statutes, Online resource.
- 4Water Rights: Permits – Texas Commission on Environmental Quality, Online resource.
- 5Building A Pond On Your Own Property and the EPA Will Get You! – Texas, Online resource.
- 6Pond Construction – Aquaculture, Fisheries, & Pond Management, Online resource.
- 7Pond Construction – Oklahoma Department of Wildlife Conservation, Online resource.
- 8Building a Pond | Oklahoma State University – OSU Extension, Online resource.
- 9WATER LAW AND MANAGEMENT IN OKLAHOMA, Online PDF resource.
- 10New or Reclaimed Ponds – Oklahoma Department of Wildlife Conservation, Online resource.
- 11
- 12OKLAHOMA STATUTES TITLE 82. WATERS AND WATER RIGHTS, Online PDF resource.
Past Excavation Projects
The above image shows Texoma Excavation & Construction digging a new power supply ditch and tying into the existing live power supply near Melissa, Texas. The paver stones were salvaged to be replaced. All the PVC, electrical conduit, phone lines, and small electrical lines that were destroyed were anticipated.
Pond building is a complex process that requires careful planning and execution. After all the planning, the first construction step is excavation of the area where the pond will be located. The pond excavation work shown above was near Montague, Texas. When this pond is full, it will be 7′ 2″ deep at its deepest point.
Residential drainage excavation work done near Denison, Texas. This client had some significant drainage problems during periods of high-volume runoff and tried to excavate a ditch to channel water away from his house. We were hired to polish the existing ditch and spread some grass seed.
