An Act To Replace the Common Enemy Rule with Regard to Changing the Flow of Surface Water Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 17 MRSA §2808 is enacted to read: §Z808. Alteration of surface water flow Unreasonable use of land that results in altered flow of surface water that unreasonably injures another's land or that unreasonably interferes with the reasonable use of another's land is a nuisance. An action under this section must be commenced wi thin 3 years after the cause of action accrues. Sec. 2. Application. This Act applies to causes of action accruing on or after the effective date of this Act. Sec. 3. Effective date. This Act takes effect January 1, 2007. Page l-LR1l92(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0816
Committee Amendment CA_A_S542 (Senate)
Amends: 17 MRSA §2808

MAINE STATE LEGISLATURE 
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Reproduced from scanned originals with text recognition applied 
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~" 
". 
L.D. 816 
DATE: 3-3 ,-o~ 
(Filing No. s-5Y~) 
JUDICIARY 
Reported by: 
Reproduced and distributed under the direction of the Secretary 
of the Senate. 
SENATE 
I22ND LEGISLATURE 
COMMITTEE AMENDMENT A" to S.P. 271, L.D. 816, Bill, 
Act To Prohibit Changing the Flow of Water on Another's Land" 
"An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Replace the Common Enemy Rule with Regard to Changing 
the Flow of Surface Water' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 17 MRSA §2808 is enacted to read: 
§Z808. 
Alteration of surface water flow 
Unreasonable use of land that results in altered flow of 
surface water that unreasonably injures another's land or that 
unreasonably interferes with the reasonable use of another's land 
is a nuisance. 
An action under this section must be 
commenced wi thin 3 
years after the cause of action accrues. 
Sec. 2. Application. 
This Act applies to causes of action 
accruing on or after the effective date of this Act. 
Sec. 3. Effective date. 
This Act takes effect January 1, 2007.' 
Page l-LR1l92(2) 
COMMITTEE AMENDMENT 
". 
... ,. 
COMMITTEE AMENDMENT 'A" to S.P. 271, L.D. 816 
SUMMARY 
This amendment replaces the bill and changes the title. 
This 
amendment 
changes 
the 
applicable 
rule 
governing 
al teration of surface water flow that affects another person's 
land. 
Existing Maine case law applies the "common enemy rule" to 
define 
a 
landowner's responsibility for altering the flow of 
surface water, 
also 
known 
as 
"diffuse 
surface water," 
that 
affects another's land. 
This amendment adopts the "reasonable 
use rule." 
This amendment establishes as a nuisance the unreasonable 
use of a person's land that results in the altering of the flow 
of surface water that unreasonably injures another's land or that 
unreasonably interferes with the reasonable use of another's land. 
This amendment is intended to change the principle of legal 
liability in this State concerning altering the flow of surface 
water that results in injury to another person's land or injury 
to the use of another person's land. 
This amendment rejects the 
common enemy rule reaffirmed in Johnson v. Whitten, 384 A.2d 698 
(Me. 
1978) 
and adopts the reasonable use rule as stated in 
Micucci v. White Mountain Trust Company, 114 N.H. 436, 321 A.2d· 
(1974). 
This amendment requires actions to be commenced wi thin 3 
years after the cause of action accrues. 
This amendment takes effect January 1, 2007 and applies to 
actions for which the cause of action accrues on or after that 
date. 
COMMITTEE AMENDMENT