Guidelines for Property Adjacent to Public Land

It is the policy of the U.S. Army Corps of Engineers to manage the natural, cultural and developed resources of Bardwell Lake to provide the public with safe and healthful recreational opportunities while protecting and enhancing these resources.

While private exclusive use of public land is not permitted, we do understand that property owners adjacent to public lands have the same rights and privileges as any other citizen. Therefore, the information contained in these guidelines is designed to acquaint the adjoining landowner, and other interested persons with the types of property involved in the management of Bardwell Lake.

Flowage Easement Land

Flowage easement land is privately owned land on which the U.S. Army Corps of Engineers has acquired certain perpetual rights. Namely the right to flood it in connection with the operation of the reservoir; the right to prohibit construction or maintenance of any structure for human habitation; the right to approve all other structures constructed on flowage easement land, except fencing. The flowage easements at Bardwell Lake are generally located between the Government boundary line and the contour established at 439' above mean sea level. A complete description of the flowage easement can be found in the deed to the property to which it is attached.

As an Owner of Flowage Easement Land, You May:

1. Mow, clear, plant vegetation, or otherwise use as desired if not in conflict with the terms of rights acquired by the government.
2. Sell or lease the land to others, subject to all restrictions contained in the flowage easement instrument.
3. Construct and maintain fences on flowage easement land.

As an Owner of Flowage Easement Land, You May Not:

1. Construct or maintain any structure for human habitation, permanent or temporary, on the flowage easement land.
2. Place or construct any other structure or appurtenances to existing structures on the flowage easement land without prior written approval of the District Engineer. "Other structures" are construed to mean any kind of structure including but not limited to buildings, ramps, ditches, channels, dams, dikes, wells, earthen tanks, roads, utility lines and tramways.

With approval, almost any type of structure that does not reduce flood storage capacity or is not designed or intended to be used for human habitation may be constructed on the flowage easement land. With respect to construction of water wells, sewer lines, or septic systems, each case will be examined to ensure that pollution of the lake or interference with the operation of the reservoir will not occur. All proposed sewer line and septic system construction must be approved by the appropriate health departments and all septic systems must be located a minimum of 75 feet in horizontal distance from the contour line of 439 feet above mean sea level.

Permit Applications

All requests involving public or flowage easement lands must include the following:

1. A letter of application.
2. Detailed design plans of the proposed work including elevations at the proposed site.
3. A map showing the location of the proposed action and the relationship with the U.S. boundary line.
4. Written approval of the appropriate agencies.

We are engaged in preserving, maintaining and improving the resources at Bardwell Lake, both natural and developed. Your participation and assistance in these efforts is very much appreciated.

Please address all permit applications or other correspondence to:  Project Manager, Bardwell Project Office, 4000 Observation Drive, Ennis, Texas 75119.  If you have any questions, you can reach us at (972) 875-5711. Any correspondence should include a complete return address and phone number.

Example of Easement and Fee Land