Can you build a pond in Texas?

Need assistance with wildlife and fish management on your ranch, backyard, or pond? Simply call your local County Extension Agent.

Table of Contents Show

Can you have a pond in Texas?
How much does it cost to build a pond in Texas?
How deep should a pond be in Texas?
Can I dig a pond in my backyard?

Texas A&M AgriLife Extension Service

A Pond to Call My Own – Understanding Water Law in Texas

Southern Regional Aquaculture Center

SRAC Publication No. 0100 – Site Selection of Levee-Type Fish Production Ponds
SRAC Publication No. 0101 – Construction of Levee-Type Ponds for Fish Production
SRAC Publication No. 0102 – Watershed Fish Production Ponds – Site Selection and Construction
SRAC Publication No. 0103 – Calculating Area and Volume of Ponds and Tanks

Clemson University

Aquatic Garden Pond and Pool Construction

Virginia Cooperative Extension

Pond Construction – Some Practical Considerations

United States Department of Agriculture

Ponds – Planning, Design, Construction
A Pocket Guide to Constructing a Pond

Ohio Department of Natural Resources

Ohio Pond Management

Nebraska Game and Parks Commission

Pond Construction

Penn State Extension

Pond Construction, Maintenance and Ecology

Louisiana State University

Pond Habitat Development

Auburn University

Pond Building – A Guide to Planning, Constructing, and Maintaining Recreational Ponds

Kentucky State University

Construction and Repair of Watershed Fish Ponds in Kentucky

Langston University

Spillway Screen Construction
Pond Maintenance

Great experience working with Arturo, Ricardo and the team at Lone Star GTC. After thoroughly researching various products and receiving bids from multiple contractors for the re-construction and improvement of two existing livestock ponds that did not hold water, we trusted Lone Star to handle the process from start to finish using their preferred team of sub-contractors. The bentonite product that Lone Star sells is very high quality. It has a fine, baby-powder like consistency. When mixed with the aggregate & clay that was already on site, the result was a water-proof barrier that will last for decades. Whether purchasing the bentonite product for a DIY project or contracting Lone Star for larger pond/lake projects, you can trust them to deliver excellent service and exceed expectations. 5 STARS for quality, service and value.

You wouldn’t think that building a stock pond on your own property would be something that requires the approval of the United States Environmental Protection Agency (EPA) would you? One unsuspecting family in Wyoming found out just how far the EPA was willing to go in an effort to “protect the environment.” According to a recent article by FoxNews, the Johnson family, in Fort Bridger, Wyoming, built a small stock pond on their farm in order to support their small herd of livestock. The Johnson’s obtained state and local permits for the pond. After the pond was built, the EPA sent the family threatening letters and slapped them with a fine of more than sixteen million dollars, (i.e., $37,500 per day from the time the pond was built), for not having obtained permission from the EPA to build the pond on the their property. The EPA even demanded the stock pond be deconstructed.

Allegations of a Violation of the Clean Water Act

The EPA claimed it had authority to issue the fine because the Johnson’s pond is fed by a natural stream, and under the federal Clean Water Act, the EPA believed that the Johnson family should have obtained federal approval to build the pond and should have gotten a permit from the U.S. Army Corps of Engineers. According to the EPA, the Johnson pond was build by creating a dam on a creek and the act of building a dam on a natural waterway requires an Army Corps permit. The EPA also claimed that material from the Johnson’s pond was washing into other waterways. No other environmental problems with the pond were identified by the EPA.

In reality, the stock pond had been used for four years by the Johnson’s cattle and horses, and other wild animals have been known to drink from and use the pond. Fish have taken up residence in the pond, and that supplies food for other animals in the area. Birds and moose regularly visit the pond as well. These are all indications that the stock pond is good for the local environment.

No Significant Nexus to Navigable Waters

The Clean Water Act gives the EPA jurisdiction over navigable waters. However, the Johnson stock pond not only is not navigable, but also, it does not drain into a navigable waterway. The Johnson pond drains into a man-made ditch that is used for agricultural purposes.

With the help of some good lawyers who donated their time, the Johnson family was able to negotiate the EPA’s demands down to an agreement whereby the Johnson’s will pay no fine, they can keep the stock pond, and they must plant a few willow trees and install a fence around part of the pond.

This unreasonable, overbearing and absolutely ludicrous enforcement effort by the EPA for a small pond on private property used for livestock purposes is not only absurd, it’s scary. It is yet another example of a federal agency gone wild. The Johnson family was lucky enough to have legal assistance to fight the EPA behemoth. Will the next family attacked by the EPA be as lucky?

Can you have a pond in Texas?

The Texas Water Code allows locals to construct and fill ponds on their own property as long as these have a surface area of less than 200 acres. Note, however, that this exemption from permit requirements is only given to individuals who intend to use the pond for livestock, fish, or wildlife.

How much does it cost to build a pond in Texas?

Digging a small pond costs between $2.50 and $7.15 per square foot. For a larger pond, excavation costs range from $1.50 to $3.50 per cubic yard. Hourly rates span from $120 to $150 per hour. Excavators usually include land grading in their rates, but if not, expect to add an average of $2,000.

How deep should a pond be in Texas?

Plan for part of your pond being at least 18 to 24 inches deep; 24 to 36 inches is even better. This will allow for a greater diversity of plants and fish to live in the pond.

Can I dig a pond in my backyard?

A backyard pond can add color and life to any landscape, and it's a DIY project that just about anyone can complete. We'll show you how to build a pond or water feature with a waterfall to give your backyard beauty and serenity.