Lawyer help: Blocked creek bottom flooding my property

Gone Fishin

Senior Member
In Mountrie area. I need a lawyer that can help me with a neighbor that has dammed up a creek with a road backing up water onto my property.

I have a creek that runs through my property. In the past when it rained hard we would have water standing for a few days. But during hunting season we could drive the truck across the creek bottom to the back of the property. Then a few years back we started having standing water issues, and now there is water standing to the point we have algae growing.

There was a big flood that washed out the neighbors road. There was a culvert that allowed the water to drain off my property. They rebuilt the road and built it much higher with no culvert

I have talked with the owners and they won't do anything because they don't want more water on their property. I talked with the city, they went out but since nothing had been done in the past few month they could not do anything about it. Talked to DNR and they have no authority and sent me to the army corp of engineers. Army corp guy is doing NOTHING. I have emailed them 6-8 times. Last emal the guy told me that he is having problems contacting them to get on the property. I gave him the website to the property owner, the owners cell phone number, owners email, and gave him permission to get access through my property where he can clearly see the road backing up the water onto my property.

These guys have pretty deep pockets. Have paid hunts on their property. Worked with the armycorp a few years back (maybe the same guy that I am trying to get to help me), so me not hunting my property is not hurting them in any way. Is there a way to use their established $/day to hunt to file a suit for 3yr @ $/day. We haven't been able to get on the property to mow it, put in food plots, or even hunt the back of the property without wading thru water/mud.

thx to any that can help
 
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bighonkinjeep

Senior Member
If it's truly a creek that flows constantly and leaves the property then it's considered " state waters ". See if you can find it on a map or plat that shows it as a blue line stream. If you can find documentation and the neighbors have moved or obstructed it from its original channel then call EPD. Your state soil and water commision may be helpful as well.
 

elfiii

Admin
Staff member
Tannerite and dead midnight are your friends. :wink:
 

Tight Lines

Senior Member
As someone else said, if it is a creek and marked on the maps as such, it is a waterway of the state. Damming it up is illegal and the Army Corps of Engineers and Georgia EPD are the governing bodies that control it. I'd call the Georgia EPD as well as the Army Corps.

If you don't get what you want from the Corps, go higher and be relentless. I had a creek on my property that we diverted and they had to approve it and I was relentless until the guy sent the paperwork.

When I was in college, the only engineers that worked for the Corps or KDOT took Thermodynamics 4 times and Thermo II 6 times... :)
 

Crakajak

Daily Driveler News Team
Send Nic a private message.Ask him who his lawyer friend is.
 
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twtabb

Senior Member
See if there are and endangered species that were living in that wetland before they damed it up.

Send some folks get into some serious trouble about messen with muscle habitat on Spring Creek in Miller County.
 

Throwback

Chief Big Taw
GA DNR EPD district office by county

 
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