NRCS Natural Resources Conservation Service

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Helping People Help the Land

• NRCS Natural Resources Conservation Service
• PERMITTING ISSUES WITH FARM PONDS
• Jeff Allred
• Resource Engineer
• Decatur, Alabama

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• NRCS - ALABAMA FARM POND EXEMPTION
• (for cost-share ponds)
• NO permit required if
• 1. Pond is constructed in upland area
• 2. Pond is for Irrigation or livestock water
• and commensurate with the size of
• the operation.

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• THE PROBLEM OF DEFINING COMMENSURATE
• Random House College Dictionary defines
  commensurate as
• Having the same measure of equal extent or
  duration.
• Corresponding in amount, magnitude, or degree.
• Proportionate adequate.
• Having common measure commensurable.
• HOW DO YOU APPLY TO FARM PONDS?

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• TWO TYPES OF PONDS
• Excavated otherwise known as dug out
• Earthfill ponds that have an embankment higher
  than 3 feet

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SLOPE
SLOPE
Entrance
Excavated (Dugout) Pond
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• FOR EXCAVATED (DUG OUT) PONDS, COMMENSURATE
  IS NOT A PROBLEM
• Excavated ponds are located in low areas
• Concerned with hydric soils, hydrophytic
  vegetation and hydrology
• Excavated ponds are relatively small in size
• Pond size is determined by number of livestock,
  days of storage (usually worst 6 dry months of
  year) as well as seepage and evaporation. Total
  storage is known and pond is designed (sized) to
  meet total storage needed.

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• TWO TYPES OF PONDS
• Excavated otherwise known as dug out
• Earthfill ponds that have an embankment.
• Still concerned with hydric soils, hydrophytic
  vegetation and hydrology but also concerned with
  blue line noted on a USGS topographic map.

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Front Slope
Earthfill Pond (Embankment)
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103.0
100.0
97.0
87.5
100.0
103.0
97.0
87.5
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TW
1
1
X
X
X-SECTIONAL VIEW
EM. S/W
TOP OF DAM
FREEBOARD
WATERLINE
STAGE (Hp)
STORAGE
PROFILE DAM X-SECTION EM. S/W
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• FOR EARTHFILL PONDS, COMMENSURATE IS A
  PROBLEM
• NRCS experience shows that embankment ponds for
  irrigation and livestock purposes should always
  have at least 8 feet of water at the deepest part
  of the pond.
• In Alabama, the maximum storage period is
  normally 180 days or 6 months (dry months of the
  year) for animals.

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• FOR EARTHFILL PONDS, COMMENSURATE IS A
  PROBLEM
• NRCS experience shows the drought level for a
  pond to be 4 feet below normal pool elevation.
  Therefore, storage at the drought level is
  considered available water for irrigation or
  livestock purposes.
• A water budget is needed to determine if an
  earthfill pond is commensurate in size.

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Estimated livestock water requirements in AL
shall be as follows
1 Other livestock may be used with proper
documentation to NRCS to predict water needs.
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Example 1 A producer with a 50-head beef cattle
operation has requested a pond exemption. An
excavated pond site is not feasible. An
embankment pond site with 8 ft. of water at the
dam would have 0.6 acre of surface area. At a 4
ft. depth (drought level) the water surface would
be 0.25 acres. Is this site for a pond
defensible?
Even though the available water at the drought
level is more than the cattle needs for the
storage period, the site is still defensible
since there is only 8 ft. of water at the dam.
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Example 2 A producer with a 100-head beef
cattle operation has requested a pond exemption.
The producer wants a 2 acre pond. The pond will
need to have 12 ft. of water at the dam to
produce a 2 acre pond. At the 8 ft. depth
(drought level) the water surface would cover 1.2
acres. Is the 2 acre pond defensible?
A pond with 8 ft. of water at the dam may be
defensible if the 4 ft. drought level met the
needs of the cattle
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Estimated crop water needs for common crops in
AL shall be as follows
1 Other crops shall provide documentation to
NRCS to predict water needs. 2 Producer must
have existing irrigation equipment. All new
operations or operations without irrigation
equipment will be required to submit an exemption
determination request to the USACE. 3 Producers
that double or triple crop vegetables can include
crop water needs for each crop when predicting
water needs.
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Example 3 A producer irrigates 50 acres of
cotton and would like to have a 20 acre
irrigation pond. The pond site would have 20
acres of surface area with 16 ft. of water at the
dam and 15 acres surface at the 12 ft. depth
(drought level). Is this site for a pond
defensible?
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Example 4 A producer irrigates 100 acres of
pasture. The producer wants a 25 acre pond.
The pond will need to have 20 ft. of water at the
dam to produce a 25 acre pond. At the 16 ft.
depth (drought level) the water surface would
cover 22 acres. Is the 25 acre pond defensible?

In order for this site to be defensible, the
water depth at the dam must be reduced (but not
less than 8 ft.) until the drought level storage
is at or below the total water needs for
irrigation.
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