Is the DEC correct in advising us that we need to correct a spillway that is not on our property? 2 Answers as of July 07, 2011

My real property includes a small portion of a dam on a privately owned pond. Another private individual owns the remaining portion. A beaver dam has blocked the spillway. The spillway is not on my property. This has caused the water level to be much higher than normal. As a result of recent heavy rains, the pond ran over the main portion of the dam and eroded the beaver dam enough to create a break in it. This resulted in some flooding downstream. We are now being told by the DEC that we need to take corrective action so this type of flooding does not occur again. We live in a hilly area in which there are several streams, which run together. The flooding downstream was not solely the result of the outlet issue of this dam. My question is: is the DEC correct in advising us that we need to correct this problem? Both the other party and I are on very limited incomes. I am on disability. Thank you for your help.

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Your question involves a very specific and specialized area of law. I can refer you to an appropriate attorney but I am not comfortable doing so without speaking to you first. If you want a referral then please contact me.
Answer Applies to: New York
Replied: 7/7/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
This question you pose requires a detailed analysis of the DEC regulations, a detailed analysis of the property, and evaluating same in conjunction with the actual facts and application of the law thereto. In other words, this question cannot possibly be answered for free.
Answer Applies to: New York
Replied: 7/6/2011
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