Permission to move water accross my land?

Discussion in 'Designing, building, making and powering your life' started by Dobly, May 22, 2009.

  1. Dobly

    Dobly Junior Member

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    Hi

    Thanks to everyone who offered me advice on my previous post about swales.

    https://forums.permaculture.org.au/viewtopic.php?f=9&t=10231

    There was plenty of food for thought there. But from that thread I got thinking. And as this is a different topic in a way, thought a new thread was in order.

    Just to recap, the water comes around the cul de sac, mega tonnes of it, and runs down the hill on our land.

    The council came after all my top soil was removed and put in tons of rock on geo-tech fabric.

    [​IMG]

    This almost worked but the water makes its way off the left of the 'fix' and is digging a new canyon on the left of this work.

    This got me thinking.

    Does the council need my permission to move their stormwater right through MY land in the first place? What if I dug my heals in and said, thank but no thanks. Find some other place for your storm water? Does a land holder have rights in the regard?
     
  2. Flying Binghi

    Flying Binghi Junior Member

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    Re: Permission to move water accross my land?

    Dobly, before ya do anything, for perspective, i would recomend a read of Moving Nearer to Heaven, The Illussions and Disillusions of Migrants to Scenic Rural Places, by Patrick C. Jobes.

    The last thing we need is, yet another, failed, 'getting back to nature', blocky, who creates havoc with the local council, then, moves away when the REALITY of hard work hits - Take note, your local council has seen it all before. (and i have no idea where your little block is)

    I post this with the best intent, and a wish for your future success.
     
  3. ecodharmamark

    ecodharmamark Junior Member

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    Re: Permission to move water accross my land?

    G'day Dobly

    Welcome to the PRI Forum

    I have read your earlier posts with regards to your water 'problem', and quite frankly, I cannot help but think to myself as I re-read over them, "Oh, if only I had a water 'problem' like that". Anyway, my dreaming is not helping your cause, so I offer you the following:

    Yes, you could read our friend the Flying Binghi's suggested text, and as he/she has so rightly noted, you would probably find it a worthwhile experience. However, considering your block is situated (I presume) somewhere up in the hills west of Sydney (?), then perhaps it is your wish to secure some 'advice' that is a little bit more localised?

    A couple of rhetorical questions:

    Have you spoken with your neighbours about this or any other issue that you may have in common?

    If not, perhaps say "G'day" next time you are up at the block. You may be surprised to find that they are a wealth of information.

    Have you spoken with the appropriate people at Council?

    If not, perhaps call into the local Council shopfront/front counter and ask to speak with the Engineer who is responsible for your 'problem'. You may be surprised to find that he/she is a wealth of information, and only to eager to help you solve the 'problem'.

    Have you studied your local and state government legislation, as it pertains to your 'problem'?

    Unfortunately, my expertise with regards to such matters stops at the boarder. However, I think you may find that there is probaly more than one authority who has an interest in your 'problem'. You may find that your block is actually situated on a proclaimed catchment. If this is the case, then the regional (maybe even state) authorities will be the people you will need to enter into discourse with.

    The following is a link to a 2001 transcript from the ABC TV's Landline:

    https://www.abc.net.au/landline/stories/s311622.htm

    If you read it, you will note at the bottom a plethora of contacts for you to further your study into how you might begin to overcome your 'problem' (particularly by reading the book by Allan Windust).

    The following link will take you to the NSW Dept Primary Industries website. Here you will find a book that will tell you everything you need to know (including a section on water rights and legislation) about your 'problem':

    https://www.dpi.nsw.gov.au/aboutus/resou ... /farm-dams

    Depending on your land use zoning (rural, rural living, agricultural, environmental, etc.), you may find that you have no right (or indeed a full right) to access the water coming onto your property.

    The following document from the NSW Dept of Water and Energy may be of some help in determining this:

    https://www.dwe.nsw.gov.au./water_trade/ ... _water.pdf

    Having said all of the above, I'm of the opinion that your first port of call should be the local Council. They will (eventually) point you in the right direction.

    Cheerio, good luck with it, and don't forget to let us know how you get on.

    Mark.

    PS: I'd love to have your 'problem'
     
  4. gardenlen

    gardenlen Group for banned users

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    Re: Permission to move water accross my land?

    g'day dobly,

    have you ever checked to see if you land is a recognised or natural water easement? if so then the council has all the right and at the end of the day if you front them about it their mite is going to be right, and you may bring yourself under their unwanted scrutiny. should it be a recognised easement it may have certian building/development restrictions in place??

    but generally water from other places neighbours whatever should not be directed through your property, so if a neighbour builds something and then the downpipe from that roof is allowed to empty onto the lawn surface and it runs through your property unwanted you have a cause to complain. but anyones water can run across the footpath and into the storm water drain is what it used to be.

    maybe build a deep pond/well and fence it properly so you ave that water for the drier times?

    these issues are the ones to work out before buying.

    len
     
  5. Dobly

    Dobly Junior Member

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    Re: Permission to move water accross my land?

    Thanks for the suggestion, but this is way way beyond a 'spur of the moment' 'hey, lets move to the bush' idea. This has been years in the planning.
     
  6. Dobly

    Dobly Junior Member

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    Re: Permission to move water accross my land?


    The block is 20 minutes North of Grafton NSW. 70m above sea level.

    Yes but they don't get the water from the cul de sac running accross their blocks. They have been busy adding lots of nice organic matter and growing trees and veggies.

    One of my neighbors use to operate an excavator in previous job. He has been great to talk to about what is possible in that regard given the slope and the ground type.

    Yes. And the earthworks that are there now were done by council. So I know that they have a sense of responsibility for the problem. Just that what the installed, did not work.


    Oh yes.. I'll be there this week. Thus far I have only spoken on the phone to him. He seems to be agreeable.

    The land is zoned a Rural 1A, like all the blocks around me with other people who are putting up houses and setting up their gardens.

    Yep. I think you are right. I need a face to face with the council. Get this sorted once and for all.

    Oh yes.. I'm thrilled to be living in an area that has such great rainfall and to have access to so much water. But taming the water is the first challenge and it would be so much easier there was not so much of it.
     
  7. paradisi

    paradisi Junior Member

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    Re: Permission to move water accross my land?

    I hope you are still there after the "little bit of rain" you got and we got and everyone inbetween got in the last few days.

    I'm pretty sure that it is illegal to divert water at the detriment of your neighbour - either stopping water or causing flooding problems.

    the Water Conservation and Irrigation Commission in NSW will give you the full low down on it - - there was a bloke working for them in your area - John Chant - many moons ago - if he's there he is so very helpful, if he's not just about anyone in that department will let you know what's the go

    the WCIC should be in the phone book - if they've renamed and corpatised (could have in the 20 plus years since I knew John) the miniser for water resources has to inform you where to go - and a google of parliament NSW will get that ministers name and email addy

    best of luck
     

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