River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1914-03-05
POPULAR TALKS ON LAW
BY Waiter K. Towers, a. g., j. D., of the
Michilan Bar.

most local IL VIII IN rll1 falls al
| 100 abundantly,-so rapidly that
the earth clnnO- take it up The
passage Of surface water and the
efforts made to turn it in o ii led
cham Is or block it's passage, g We
rise to not a few legal disputes
bctween the owners of adjoining
lands. What the law knows as
7'surface waters" are those which
spread themselves over the sur
| face of the earth without follow
ing any distinct and fixed chan
nal.
1he rain al. VIII. ch co up n a
person prop erty is his own and
he my retain it there for hi
own uses. So it is thtt i tn sur
face water is deamed OF value to
the MO Wnar he may retain iC
I'M hIs n 5h 90, over whose Lana
it Wo Id other je have DRAINED,
mas n legd1 cause IOf complain.
/ his applies olIy to sur4a waite
i.nd noe to Iixed and d finite wa
ercour5es OF any chAracte.', Whic44
are diff FRENZY regarded.
But il the suffice water is No.
a Valulule thing to be cAre4ully
retained and treasured the CUES
Il q ari 4ej as co what means MY
" nj ome po 40 VII Lh1 slopes al
| .e4 nSaN y ra1n5. My Andrews
olccn th- STA ~, WaIe1 hat gam
ers On MS !! al and uI,cnArg1 i.
oALo pa. .cI r ;perCy, VIII d, ].
10 leLL ~ Us ndCuI dI Course The
| -l~p- o. CHI laid WOald nave car
4leu IL OnCo ColnAs Ldrm! Ii N
ureWs Ill NJ Way in-erfcres with
.ne ~od4s; or lh- Aurface drainage
may col in5 Ou1d uiAe W b 4G h
Will proVent Lne surface WdCe4
AAo-44 una ne f4o4n AMI e VS. pro
p-rty IN o ms own?
Ll-4er> q. sat ansWef these anu
hlnuI eu 4ucS lions ii ui.fcrenI
ways. There are TWO prInciple
rules WnIcn are followed ii de-
clu1ng Lnese questions. one rule
IS technically nno Wn as che civil
law ruIe,' and Is followed in sucn
states as illinois, Michigan, ohio,
FennsylVan1a, Cdl1iOrnAd, Iowa,
Ala Dana, Georgia, Kentucky,
AoU In, MAJ y4ana, NOrCn Caru-
nina anu texas. Under chs rule
the owner OF Cne Land WnIcn is
higher, has right, as against his
n4gnUor whose Idnu Is lower, to
have his surface water uraiA off III
une natural manner Wi.nout 90
slrucLions. linus Collins, whose
Aan- ID Joins Anu4e w. l.-u,. re- Ell =, Z
III S ri &c Water which Naturally
lows IrOm Andfe VS. land N lines
VI rain anu meIilg snOW,1n1 h.
mas no rugnC co erect any ODsLruc-
lion ega4nst IL which Will preVent
It's 10 wing from the higher lana.
O4h~r states have ADOPTED what
is known as the Common lanQ
rule" Among these are: New
orK, Massachusetts Indiana,
Minnesota, Miss ouri, Virginia,
w ashinguon, wisconsin, Kansas,
Name connecticut, vermont, M W
Hampshire, ARKANSAS, Nebraska,
New Jersey, new Mexico, OkIahO-
ma ana south Carolina. mis-
rule Regards surface WAGER as
cumm enemy am allows each
landowner co cope WITH It co n .
own duV0ncage. Ahus the owner
oI Lh3 lAnd W1Icn is o We 10 a y
W
.he aurlace water, even .h1uSn N
.4oln5 50 ne prevent j. coming on
h M and Gu e5 j, % be forced
Uack Oh his neis hoor'5 IRON Witch
il was accus -Om4d 60 flow with
elhe ltnI In It's IA -ural 5tate. Ii
Is u-u ~l-y ned in Cn9s9 states,
nov V~r, IhIt Wnare WelI-dc-
lined gully mas been worn IN the
sOIl ~ che Arequent running Oh
water IN che same place CHS may
not pe damned up in 81 III way
d $40 llood a n 4ighJ JOS LIND. And
III all cISa5 du1 regard mu3t be
hdd or h. prop~r-y Ugh s OF The
tIeio o. on1 no hing nj us be
done which viii unnecessai-y in
1ure his land.
In CT is VII re the common law
rule p evils AMI even in Giles in
most States GLOWING me ci il law
lu-e, by sp CT ] excep1ion, tn e
owner o. % mly grade it to
,h9 proper EVE wh1tever The eff
lect upon lh1 drainage or surface
wa.e. Blu j. is usu lily required
lhaC each 4oL owner care for his
own III fac water and arrange to
COnLuet Il INFO sewers Or GU tiers.
In states VIII ere the comm IN law
rule pr-vdil5 railroad IN bui-d-
ing its empanKmenL, while it must
pro yide culverts, etc., for regular
warehouses;, need not make spec
ial provisions for surface water,
as a general rule. In the states
Following the civil law rule the
railroad must make preparat ons
lor the passage of all surface wa
ter in its natural manner provid-
ing culverts and drains IN all PAGES
where water would normally pass.
One who by artificial means wish
es to conduct the surface water
that caters on his property away
from It's natural course must see
to it 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 discharge it on the
neighbours land at some new point.
Only such drains may be made as
good hus bandry requires and no
greater damage may be done to