Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-10-04

In cities where the common law
rule law prevails, and even in cities
in most states following the civil
law rule, by special exception, the
owner of a lot may grade it to the
proper level, whatever the effect up
on the drainage of suface water. But
it is usually required that each lot
owner care for his own surface water
and arrange to conduct it into sew
ers or cutters.
In ates where the common law
rule prevails railoard in building it's
embankment, while it must provide
cuiverts, etc., for regular water
courses, need not make special pro-
vision for surface water, as a gen
eral rule. In the states following the
civil law rule the railroad must make
preparations for the passage OF all
surface 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 the surface water that
gathers on his property away from
Its natural course must see to 1t that
no greater burden is cast upon the
land at lower level than there would
be under normal conditions. Neither
may he divert the water and dis
charge it ON the neighbor s land at
some new point. Only such drains
may be made as good husbandry re-
quires and no greater damage may
be done to the lower land than
would be under normal conditions.
The surface water may be fastened
on it's way without doing a legal
wrong, as long as the way is not
changed from the one which nature
has fixed. OF course, the right to
drain water across another's land
through artificial channels may be
secured by purchase, or grant, or
long-continued custom under claim
of right, when it becomes a property
right and may be held as such.
One may not collect the surface
water in an artificial basin and dis
charge it upon his neighbours land
in greater volume than 1t would Or
dinarily flow. One may collect sur
face water in bitches on his own lane
and drain it into watercourses which
are it's natural outlet, if the dis
charge is not beyond the capacity OF
the watercourse. Unless there IL
some municipal regulation forbiddine
it the owner of lot may drain the
surface water into street or alley
Special drainage laws sometimes pro
vide special regulations to govern the
drainage of surface water.
When overflows come by reason Oh
heavy rains or melting snow one is
not, ordinarily, responsible for the
injuries which happen to neigh
boris property from surface water rusl
ing from his land. But II one causes
the course of drainage to vary from
the normal he may become liable fol
the injury. Thus, il he allows wa
ter to accumulate in an excavation
as a cellar, and then drains 1t onto
a neighbor's land he is responsible
for any injury which this may cause
one must care for the water which
falls on the roofs of his buildings
and see to it that 1t does not flow
onto the adjoining property in an un
natural manner, else he will be liabl'
for any injury caused. Thus, If ;
building is close to the line gutter
and rain spouts must be provided
of a sort to handle ordinary rain
and reasonable care must be takel
to keep them In proper condition
For the results Of overflows cause'
by extraordinary rains or unforseel
happenings the owner Is not respons
BILE.