Sunday, December 2, 2012

US Highway Drainage administration

A frequently quoted statement of this law is:
"... every landowner must bear the burden of receiving upon his land the surface
water naturally falling upon land above it and naturally flowing to it therefrom, and he
has the corresponding right to have the surface water naturally falling upon his land
or naturally coming upon it, flow freely therefrom upon the lower land adjoining, as it
would flow under natural conditions. From these rights and burdens, the principle
follows that he has a lawful right to complain of others, who, by interfering with natural
conditions, cause such surface water to be discharged in greater quantity or in a
different manner upon his land, than would occur under natural conditions....." (Heier
v. Krull. 160 Cal 441 (1911))
This rule is inherently strict, and as a result has been modified to some degree in many states.

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