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The Drainage Act regulates surface water and prohibits altering the natural flow of stormwater. Governments and developers must follow drainage law and may be liable for damages. Exceptions exist for agriculture and urban areas may have natural enemy and reasonable use doctrines.
The Drainage Act regulates surface water and sets guidelines for diverting and obstructing natural runoff on property. According to civil law doctrine, the drainage law is referred to as the natural flow rule, which means that lower landowners are obliged to accept naturally flowing water from the higher property. In some regions, city drainage laws allow a property owner to manage water on their property in accordance with local ordinances.
Civil law typically prohibits a landowner from altering the natural course of stormwater by altering the direction of flow. Superior property owners cannot make changes that increase the amount of runoff into nearby land. The law generally prohibits storing water in a pond or dock for later release that could cause flooding.
In most areas, governments are subject to the Drainage Act and must take responsibility for damage caused by public works projects that divert the flow of water. Public agencies may be immune from liability if a development project caused the damage. Immunity could also apply if the agency approved building permits that caused flooding.
Engineers designing development projects typically take responsibility for following drainage law. They cannot block the natural flow of water, increase the amount of runoff, or increase the rate of flow. During construction, the developer generally faces erosion and sediment control to comply with environmental drainage law. If one development damages another property, the developer could be ordered to pay damages.
Some exceptions to the civil drainage law may exist in agricultural areas that produce food. Heavy rains flooding fields could make it impossible for farmers to sow fields and meet harvest times. This is a major problem in some agricultural regions, where landowners may be allowed to drain excess water from cropland.
In some urban areas, drainage law includes the natural enemy doctrine and the reasonable use doctrine. The natural enemy doctrine gives the landowner the absolute right to dispose of water that could cause damage to his property, such as flooding a basement. This excess water can be diverted into the city’s stormwater system in most regions.
The reasonable use doctrine is more difficult to interpret and is usually decided by a court if there is a problem. This drainage law allows excess water to be blocked or diverted if the action is reasonable. A landowner can only be held liable for damage to neighboring property if his activity is considered an unreasonable solution. A judge or jury commonly examines all the facts to determine whether the reasonable use doctrine applies to individual cases.
