Asked December 16, 2018, 3:49 PM EST
Oakland County Michigan
I am checking on the legalities of using a shared static body of water. I am not sure if they are different than using a river. Meanwhile, I need a bit more information to be able to answer you fully. Is your neighbor also intending to use the pond for irrigation? How deep is this pond? How is the pond recharged, spring fed or surface run-off? If surface fed, where is the water coming from, other farmed fields? If so, what are the crops on those fields? If the pond is recharged using surface water, you will need to be cautious as to where that water comes from and what is done to the land that drains into the pond. Ponds can become contaminated with certain fungi and you could irrigate that fungi onto your plants.
A water test is required to meet food safety guidelines if you meet a certain sales level. Go to https://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm334114.htm#exemptions to see if you are required to test. Look under "exemptions". A test for irrigation suitability is also a good idea. That can be obtained from https://algreatlakes.com/pages/water-analysis.
I got a response from my water use colleague, Lyndon Kelly. He sent me Michigan's current water use law that I can forward to you if you send me your email address. I don't see that I can attach it here. Basically the law states you cannot impair your neighbors use of the water. If they use the pond in any capacity (swimming, irrigation, livestock, etc.) you cannot take so much water that it impairs their continued use. If you end up using over 70 gallons a minute you will also have to register your use.
Let me know if you have more questions.