Answer:
Snell's Law states
Ni sin i = Nr sin r
Judging from the question the source of the ray is in the water (directed up)
or NI = 1 / sin 49 Ni = 1.325 deg the critical angle
From inside the pond:
Nr = 1.325 * sin 45 / 1 = 94 deg
So refraction can occur outside the pond and you do not have total internal refection.