Flowage Easement

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. This is typically based on elevation and is done to protect individual property during a flood event and allow hydrologists to better predict the changes in elevation a lake will undergo during high inflow. A complete description of the flowage easement can be found in the deed to the property to which it is attached. A typical flowage easement deed is available from the Jim Chapman Lake Office.

As an Owner of Flowage Easement Land, You May:

  • ·         Mow, clear, plant vegetation, or otherwise use as desired if not in conflict with the terms of rights acquired by the government.
  • ·         Sell or lease the land to others, subject to all restrictions contained in the flowage easement instrument.
  • ·         Construct a fence to or along the Government boundary line.

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

  • ·         Construct or maintain any structure for human habitation, permanent or temporary, on the flowage easement land. Also, placing or raising of a structure within the easement area by use of piling or other type of foundation or raising of the site through use of fill is prohibited.
  • ·         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 flowage easement line. A flowage easement marker, as one can see in the background during high water periods this land often goes underwater

 

 

 

 

 

Permit Applications

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

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

We are engaged in preserving, maintaining and improving the resources at Jim Chapman 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:  Jim Chapman Lake/Cooper Dam Office, U.S. Army Corps of Engineers,828 CR 4795, Sulphur Springs, Texas 75482.  If you have any questions, you can reach us at (903) 945-2108. Any correspondence should include a complete return address and phone number.

 

 

 

 

This site last updated on July 19, 2007