Freshwater Impoundment compensation

We have been approached about a freshwater impoundment.  I know there are many issues to consider.  I really would like to know what fair compensation for this Impoundment would be.  They have given us two numbers thus far and we want to make sure the offer is fair.  

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Permalink Reply by Dave on April 15, 2014 at 8:18am

Think about structuring as $ per acre for area disturbed... on time payment.   In addition,  small surcharge of $1 per 1000 gallons that is pumped in.    If this is an impoundment to capture water from a natural water shed,  you would look at asking for $6-$8 per thousand gallons withdrawn.   Need to consider any liabilities and risks with developing a freshwater impoundment.    It really depends on how you feel about this being on your property. 

Permalink Reply by kit on April 15, 2014 at 8:23am
Jake
...is this impoundment out on sykes ridge? I am a landowner out there if so would like to you..thanks
Permalink Reply by Jake Owens on April 15, 2014 at 2:30pm
This is not currently a naturally fed area. I'm talking clearing off the field on a ridge top to make the pond. Water will be pumped from a river no where near me. Going to take up less than 8 acres on me and more acres on the neighbor. I don't really want it there but we are still consider it. Of course every situation is different. You just never want to hear that you were not fairly compensated after the fact. The first offer and the second offer are nowhere near one another. Kinda makes the first offer offensive.
Permalink Reply by Philip Brutz on April 15, 2014 at 2:51pm

Is it $5.00 an acre or $ 5,000.00 an acre? 

Permalink Reply by McC. Jim on April 17, 2014 at 6:49am

I would be trying to rent the acres per month. Payed each month untill the the impoundment is restored back to farm land.They tell you its only going to be there a few years, and ends up being a lot longer. They would clean it up a lot quicker if there paying by the month.

Permalink Reply by Jack Straw on April 17, 2014 at 10:06am

In matters such as this, financial compensation is the first thing we think of; however, there is one important aspect that often gets short shrift - and that is liability/indemnification.

An impoundment dam at the top of a ridge could open a landowner up for potential liability, should some disaster strike. If a lawsuit ensues, anyone and everyone (even remotely) involved will be named as party to the lawsuit.

The landowner should insist upon 'rock solid' wording which indemnifies them of all responsibility/claims and assures that were they to need legal assistance that this too would be directly paid for.

Likewise strong language regarding full restoration; both physical and with regards to fecundity of the soil.

All IMHO,

                   JS

Permalink Reply by Philip Brutz on April 17, 2014 at 3:18pm

You may want to look at this part of Bradford county PA:

https://www.google.com/maps/place/T587/@41.786853,-76.2302211,850m/...

There are many open impoundment ponds that have been there for some time.  Is it worth it?

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