Oklahoma Water Access - Question

[Dorkus]

Say there is a 15 acre pond and the property lines run through the middle of it. I own 3 acres of dirt under the pond the other owner owns 12 acres. What are the state laws on water use?

My understanding is as long as I access the water from my property, I can use/access the entire pond but can't touch the soil on the other guys property. So in theory, I can fish the whole pond as long as I am in a boat. Is this the law? I can't seem to find the statutes that validate this but I have been told this by several people.

I would appreciate anyones insight on this topic.

 

[El Pablo]

That’s my understanding too. Don’t touch land.

 

[mr ed]

Beware of the frickin' sharks with Frickin' lasers

 

[TinkerTanker]

Legally, you could boat around on the top and be fine - LEGALLY. However, it's a pond, not a lake. You boating on his side might make him angry because "he's on my side of the fence". Unless you don't care if your neighbor pokes holes in your boat while you're sleeping I'd say ask first, or just fish from your side and keep the peace.

TBH if you've got that much of the pond you could just build up structure on your side and make it the better place for fish to congregate anyway, and not worry about what's going on on his side.

 

[Bahick71]

I would probably contact a game warden or someone to verify that first, just to be on the safe
side. There is a big pond on the land east of mine, when we have plenty of rain, like now it backs
up onto the edge of my property. By sentiment then I can go in on boat, and fish the 3/4 of a mile
all on his property? I guess it depends on the attitude of the other land owner, is he a shoot first
kind of guy. I at least talk to the other land owner first, and see what his thoughts are. You could
end up in court battle if not carefull

 

[retrieverman]

When a person starts asking about “legalities” in scenarios like this, I have to believe it’s because common courtesy and being neighborly isn’t working out for him.

I would say if the neighbor doesn’t want you fishing his pond that it would be a good idea to stay on your side of the fence no matter what the legality is.

 

[rickm]

That law mainly pertains to lakes and streams not man made ponds so much but i would check a law expert first or have a nice polite conversation with the other land owner.

 

[swampratt]

You are trespassing if you go over his property line unless it is a stream as stated above.
Read here.


Ownership of water
As long ago as 1890, Oklahoma Territorial statutes on property ownership, rights and obligations stated
that:
“The owner of the land owns water standing thereon, or flowing under or over its surface, but
not forming a definite stream. Water running in a definite stream, formed by nature over or under
the surface, may be used by him as long as it remains there; but he may not prevent the natural
flow of the stream, or of the natural spring from which it commences its definite course, nor
pursue or pollute the same.”
This law was carried over verbatim into State of Oklahoma statutes where it remains on the books today
in Title 60, Section 60 of the Oklahoma Statutes. In 1963, language was added to clarify that water
running in a definite stream is “public water subject to appropriation for the benefit and welfare of the
people of this state . . . .”

https://www.owrb.ok.gov/supply/ocwp/pdf_ocwp/WaterPlanUpdate/joint_committee/WATER%20LAW_MANAGEMENT%20IN%20OKLAHOMA.pdf

 

[Dorkus]

When a person starts asking about “legalities” in scenarios like this, I have to believe it’s because common courtesy and being neighborly isn’t working out for him.

I would say if the neighbor doesn’t want you fishing his pond that it would be a good idea to stay on your side of the fence no matter what the legality is.

The reason I am asking is I am looking at buying some land in the NE side of the state that has this scenario. I am trying to figure out if I want to make an offer on it and if I get serious, I will talk with the neighbor first. I am wanting to figure out my "rights" before I offer to buy it but still up in the air if I want to even dig deeper in it.

Good info from all.

 

[PBramble]

If you're buying the property for the pond, find another one. Ask yourself if you would buy it if it didn't have a pond on it. If you still would, then it's a negligible point.