Building for Your Property or Your Community?
Building a fire pond on your property is a substantial investment and requires careful planning and a commitment to regular maintenance. The value of a fire pond as an emergency water supply is an obvious benefit, particularly in the face of Oregon’s increasing wildfires. Ponds can also serve other practical functions, including supporting local groundwater recharge, drought resilience, and erosion control.
Of course, there are aspects on the other side of the balance sheet to consider. Water rights in Oregon are regulated, and the permitting process can be lengthy, and construction of the pond itself, including the necessary infrastructure, can be expensive. Once a pond is built, there’s more to consider. Maintenance is an ongoing demand to keep a pond functioning for its intended purpose, and the liability issues associated with building and maintaining a pond don’t go away just because you’re not using it anymore.
Sharing a fire pond with your neighbors, especially when it’s built on your property, can be a great choice, but, like everything else, it deserves careful consideration. When a fire engulfs your neighbor’s property, there may be nothing to prevent it from spreading to yours.
It’s far easier to put out a blaze early when it’s limited to a single structure, so allowing water to be drawn from your pond could save your home and livelihood as well as your neighbor’s. This premise extends to the entire community.
If you organize a community-sharing program, you may be able to share some of the expenses associated with initial construction, upgrades, and periodic maintenance. Some other property owners in the area may also be inspired to construct fire ponds as part of a broader, more robust community resource.
In any case, it’s a good idea to check with landowners for feedback and to gauge interest. And as always, consult with legal counsel to get advice on the process and how to shield yourself from potential liabilities.
Getting Started with the Paperwork
Just like every other state, Oregon has restrictions on water use, land use, and activities that may directly or indirectly impact the local environment. While some landowners may choose to move forward without complying with these rules, they do so at their own risk. Increased liability, loss of water rights, and even the cost of removing your pond is at stake.
In Oregon, building and maintaining a pond in woodland areas requires notifying the Oregon Department of Forestry and obtaining a permit from the Oregon Water Resources Department (OWRD).
All water in Oregon is publicly owned, so any organization or individual wanting to use water of any type, including springs, seeps, streams, or even surface runoff, must obtain a permit from the OWRD to use or store it. Even if your property has an intermittent stream that flows through it only during the winter wet season, you need a permit to use it.
Any activities impacting waterways and wetlands require even more permits, accompanied by their own regulations and restrictions. When considering the question of building a pond, it’s a good idea to start by contacting your local watermaster, who can help you assess your options and guide you as you launch the permitting process.
Evaluating Potential Water Sources:
A High Water Table
In Oregon, ponds are typically sustained by the region’s high water table, which provides a constant water supply. When selecting a pond site, upland areas are often preferred because groundwater generally follows the land’s contours and may be fairly close to the surface at higher elevations. On the other hand, low-lying areas may be soggy, muck-filled, and more difficult to excavate. In some instances, these areas may even require additional permits.
To begin your project, scout your property for potential pond locations during the dry months and watch for areas that indicate a high water table, such as stretches of green vegetation instead of brown grass. Look for trees that prefer wet sites, too. For example, Oregon ash growing near oak or madrone trees often indicates a high water table.
Remember that marshes, lowland woodlands, wetlands, and bogs provide essential wildlife habitats, and converting them to ponds may be prohibited.
Abundant Surface Water:
Sometimes, fire ponds can be strategically located in broad drainage swales to collect surface water flows and take advantage of natural topography. In this case, you’ll need to ensure that the water flowing from the drainage area doesn’t bring excessive sediment, fertilizers, manure, or pesticides to the pond. Remember, too, that all water in Oregon is publicly owned, including surface runoff from higher up in the watershed. A permit from OWRD is still necessary.
If surface water is your primary water source, a drainage area of about 1 to 2 acres per acre-foot of water should be adequate in the western part of the state. Eastern regions require a minimum of 30 to 60 acres per acre-foot of water. Remember that the actual annual runoff depends on various factors, including the frequency, intensity, and duration of precipitation.
Natural Springs and Seeps:
While springs or seeps in the proposed pond site may increase construction costs, they can help maintain pond water levels during dry months and provide an ideal environment for aquatic life. However, permission to use these natural sources may be challenging to acquire.
Wells:
When considering using an existing well as a water source for a new pond, it is crucial to consider the potential impact on nearby wells, even if you only add water to your pond. If you and your neighbors are drawing water from the same aquifer, extracting large volumes of water over time or all at once can lead to a decrease in water levels, affecting others who rely on the aquifer. This drop in water levels may require deeper wells or a search for alternative water sources, posing risks to neighborly relations as well as potential legal consequences.
Coming Up:
In the end, settling on the perfect site for a fire pond requires balancing practical concerns, like access to water sources and the fundamental suitability of the site, as well as questions of aesthetics, ease of maintenance, and potential secondary uses, like recreation or livestock watering. It makes sense to start with the practical concerns, since aesthetics and recreation won’t matter at all if the pond doesn’t hold water. In our next article, we’ll consider the nuts and bolts of site consideration plus the physical structure of your pond.
