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Posted on: October 20, 2021

Flowage Easement Information

Flowage Easements information from Vicksburge Corp of engineers cropped

DeSoto County Supervisors asked the U.S. Army Corps of Engineers to see whether there is anything that can be done to help property owners affected by flowage easements around Arkabutla Lake.  The flowage easements were purchased around Arkabutla Lake between the 1940s-1970s. They are perpetual easements, which means they are in place forever

Representatives from the U.S. Army Corps of Engineers met with Supervisors and residents on October 14 to explain flowage easements; to answer questions about where easements are located; and to explain building restrictions associated with the easements. Reps from the Vicksburg District said they are committed to working with land owners.  While they are limited in their powers, they pledged to reached out to USACE Headquarters to see if property above a certain elevation could be exempt from flowage easements. 

WHAT ARE FLOWAGE EASEMENTS?

  • Privately owned land on which the U.S. Army Corps of Engineers has acquired certain perpetual rights:
  • To flood it in connection with the operation of the reservoir
  • To prohibit construction or maintenance of any structure for human habitation
  • To approve all other structures constructed on flowage easement land, except fencing. (This is done to protect individual property during a flood event and allow hydrologists to better predict the changes a lake will undergo during high inflow.)  

RECORD OF FLOWAGE EASEMENT

  • A complete description of the flowage easement can be found in the deed to the property to which it is attached.
  • Arkabutla Lake flowage easements were obtained by the Vicksburg District between the 1930s-1970s.

ACCEPTABLE USE OF LAND WITH A FLOWAGE EASEMENT

  • 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.

NOT ACCEPTABLE USE OF LAND WITH A FLOWAGE EASEMENT

  • Construct or maintain any structure for human habitation, permanent or temporary, on the flowage easement land
  • 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.

REQUESTS

  • All requests involving flowage easement lands must be in writing
  • Include map of property.

VICKSBURG DISTRICT POINT OF CONTACT ADDTIONAL CONTACT INFORMATION

Warren Lister

Vicksburg District Real Estate

warren.lister@usace.army.mil

601-631-7687


USACE Vicksburg District

Attn: Warren Lister, Real Estate

4155 Clay Street

Vicksburg, MS 39183


ADDTIONAL CONTACT INFORMATION

Cory Winders, Hydraulic engineer - 601-631-5839 

David Ross, Arkabutla Lake  662-562-6261 arkabutla.lake@usace.army.mil

3905 Arkabutla Dam Road
Coldwater MS 38618-9737

Flowage Easement Information
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