Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-11-14
THE LAW OF SURFACE WATER

tiles. when rain falls all too abund-
antly,--so rapidly that the earth can
not take 1t up The passage of sur
face water and the efforts made to
turn it into fixed channels or block
it's passage, give rise to not g few
legal disputes between the owners of
adjoining lands. What the law knows
as surface waters are those which
spread themselves over the surface
of the earth without following any
distinct and fixed channel
The rainfall which comes upon
persons property is his own and he
may retain it there for his own uses.
So it is that if the surface water
is deemed of value to the land owner
he may retain 1t and his neighbor,
over whose land it would otherwise
have drained, has no legal cause Of
complaint This applies only to sur
face water and not to fixed and def
mite watercourses of any character,
which are differently regarded.
But if the surface water is not
valuable thing to be carefully retained
and treasured the question arises as
to what means may be taken to dis
pose Of the water which sweeps down
the slopes after heavy rains. May
Andrews ditch the surface water that
gathers on his land and discharge it
onto Bakers property, when if left
to its natural course the slope Of
the land would have carried it on
to Collins farm? If Andrews in no
way interferes with the course of
the surface drainage may Collins
build dixie which will prevent the
surface water from running from An
dreW's property onto his own?
Different states answer these and
kindred questions in different ways.
There are two principal rules which
are followed in deciding these ques-
tons. One rule is technically known
as the civil law rule" and is fol-
lowed in such states as Illinois, Mich
igan, Ohio, Pennsylvania, California,
Iowa, Alabama, Georgia, Kentucky,
Louisiana, Maryland, North Carolina
and Texas Under this rule the own
er of the land which is higher has
. right, as against his neighbor
whose land is lower, to have the sur
face water drain off in the natural
manner without distractions. Thus
Collins, whose land adjoins Andrews,
must receive the surface water which
naturally flows from Andrews land in
times Of rain and melting snow, and
he has no right to erect any obstruc-
tons against it which will prevent
its flowing from the higher land
Other states have adopted what is
known as the common law rule"
Among these are: New York, Massa-
chusetts, Indiana, Minnesota, Miss-
ouri, Virginia, Washington, Wiscon-
sin, Kansas, Maine, Connecticut, YER
mont, New Hampshire, Arkansas, Ne
braska, New Jersey. New Mexico, Ok
lahoma and South Carolina This rule
regards surface water as common
enemy and allows each land owner
to cope with it to his own advan-
tage. Thus the owner of the land
which is lower may protect his own
property against the surface water,
even though in doing so he prevents
it coming on his land and causes
it to be forced back on his neigh
boris from which it was accustomed
to flow with the land in it's natural
state. It is usually held in these
states however, that where a well-de-
fined gully has been worn in the
soil by the frequent running of wa
ter in the same place this may not
flood neighbours lands. And in all
cases due regard must be had for
the property rights of the neighbor
and nothing must be done which will
unnecessarily injure his land.
In cities where the common law
rule prevails, and even in cities in
most states following the civil law
rule, by special exception, the own
er of lot may grade it to the
proper level, whatever the effect up.
on the drainage of surface water.
But it is usually required that each
lot owner care for his own surface
water and arrange to conduct it in.
to sewers or cutters.
In states where the common law
rule prevails a railroad in building
its embankment, while it must pro-
vide culverts, etc, for regular water
courses, need not make special pro.
vision for surface water, as gem
eral rule. In the states following the
civil law rule the railroad must make
preparations for the passage of all
surface water in it's natural manner
providing culverts and drains in all