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Show I POPULAR TALKS ON LAW THE LAW OF SURFACE WATER. By Waltor K. Towers, A. B. , J. D., of tho Michigan Bar. 1 ' Tliero arc times whon rain Is treasured. There are times, In most localities, when rain falls all too abundantly so rapidly that tho earth cannot take It up. The passage of surface water and the efforts made to turn It into fixed channels or block Its passage, give rise to not a Tew legal disputes between tho owners of ad Joining lands. What the law knows r "surface waters" arc those which sprca themselves over the surracc of the earth without following any distinct and rixed channel. The rainfall which comes upon a per- son's property Is his own and ho may re tain It there for his own uses. So It Is that If tho surracc water Is deemed of value to the landowner he may retain It and his neighbor, over whose land It would , otherwise have drained, has no legal muse of complaint. This applies only to surface sur-face water and not to fixed and definite watercourses or nny character, which arc , differently regarded. ' Dut ir the surrace water Is not a valuable valu-able thing to be carcrully retained and treasured the question arises as to what means may bo taken to dl3pofff or the water which sweeps down the slopes arter l heavy rains. May Andrews ditch the surface sur-face water that gathers on his land and discharge It onto Baker's property, whon IT lert to its natural course tho slope or the land would have carried it onto Collins' rarm? ir Andrews In "ho way imerrcrcs with tho course or tho surracc drainage fcmay Collns build a dike which will pre-j-vent the surrace water from running from ' r Andrew's property onto his own? Different states answer these and klnd-,rcd klnd-,rcd questions in different ways. There ? are two principal rules which are fol- lowed in icclding these questions. One ' rule is technically known as the "civil law rule," and Is followed In such states as Illinois, Michigan, Ohio, Pennsylvania, California, Iowa, Alabama, Georgia, Kentucky, Ken-tucky, Louisiana, Maryland, North Carolina Caro-lina and Texas. Uundor this rule tho owner of the land which Is higher, has a right, as against his neighbor whose land is! lower, to havo tho surraco water drain off In tho natural manner without obstructions. ob-structions. Thus Collins, whose land ad-Joins ad-Joins Andrew's must receive tho surrace water which naturally flows from Andrew's land in times or rain and melting snow, and ho has no right to erect any obstructions obstruc-tions against It which will prevent its flowing rrom the hlghor land. Other states have adopted what Is known as tho "common law rule." Among theso arc: New York, Massachusetts, Indiana, In-diana, Minnesota, Missouri, Virginia, Washington, Wash-ington, Kansas, Maine, Connecticut, Vermont, Ver-mont, New Hampshire, Arkansas, Nebraska, Ne-braska, Now Jorsoy, Now Mexico, Oklahoma, Okla-homa, and South Carolina. This rule regards re-gards surrace water as a common enemy and allows each landowner to cope with It to his own advantage. Thus the ownor or tho land which Is lower may protect his own proporty against tho surraco wator, even though In doing so ho prevents pre-vents It coming on his land and causes it to bo rorcod back on his neighbor's rrom which it was accustomed to flow with tho land In Its natural state. It Is usually hold In those states, howovor, that whore a woll-doflnod gully has been worn In the soil by the frequent running or water in tho samo place this may not bo dammed up In such a way as to flood a neighbor's land. And in all cases duo rogard must bo had Tor tho property rights or tho nolghbor and nothing must bo dono which will unnocessarlly injuro his land. ; In cities where tho common law rulo jprovalls, and oven In cltlos In most statos '' j rolowlng tho civil law rule, by special oxcoptlon, tho ownor or a lot may-gjfado it to tho propor lovol, whatoyor tho offoct upon tho dralnago or surraco wator. Dut ' it la usually required that each lot owner ciro for his own surface wator end nr rango to conduct in Into sewers or gutters. In states where the common law rule provails a railroad in building Its embankment, em-bankment, while It must provide culverts-etc., culverts-etc., for regular watercourses, need not make special provision Tor surracc water, as a general rule. In the states following: the civil law rule tho railroad must mako preparations Tor the passage or all surraco water In Its natural manner providing culverts and drains In all places where water would normally pass. One who by artificial means wishes to conduct tho surracc water that gathers on his property away rrom its natural course must sec to it that no greater burden is cast upon the land at lower level than there would be under normal conditions. Neither may ho divert the water and discharge dis-charge It on the neighbor's land at some new point. Only such drains may be made as good husbandry requires and no greater damage may be done to tho lower land than would be under normal conditions. con-ditions. The surface water may be hastened hasten-ed on Its way without doing a legal wrong, as long as the way Is not changed from the one which nature has fixed, or course, tho right to dralnwater across another's land through artificial channels may be secured by purchase, or grant, or long-continued long-continued custom under a claim or right, whon It becomes a property right and may bo held as such. One may not collect the surface water In an artificial basin and discharge it upon his neighbor's land In greater volume than It would ordlnarllly flow. One may colloc surrace water In ditches on his own land and drain It into watercourses which are Its natural outlet, ir tho discharge Is not beyond the capacity or the watercourse. Unless there Is some municipal regulation rorblddlng it tho "wncr of a lot may drain tho surraco w& r Into street or alley. Special drainage laws cometlmcs provide special regulations to govern the drainage or surracc water. When overflows come by reason or heavy rain or molting snow ono Is not, ordinarily, responsible Tor tho Injuries which happen to a neighbor's property from surraco water rushing rrom his land. But IT ono causes the course or dralnago to vary rrom the normal he may becomo liable Tor tho Injury. Thus, ir ho alows water to accumulate ac-cumulate In an excavation, as a collar, and thon drains It onto a neighbor's land no is responsible for any injury which this may cause. Ono must care Tor the wator which Talis on tho roofs or his buildings, and seo to It that it docs no flow onto the adjoining property In an unnatural manner, else he will be liable Tor any Injury cnusedj Thus, ir a building Is closo to tho line gutters and rain spouts must bo provided of a sort to handle ordinary ' rains and reasonablo caro must be taken to keep thorn In propor condition. For tho results re-sults of ovorflows caused by extraordinary rains or unrorseeablo happenings' tho owner own-er Is not responsible. (Copyright, 1013, by Waltor K. Towers.) |