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Surface water (drainage or runoff) rules. Common Enemy Rule : you can take whatever measure to protect yourself from it Natural Flow - You cannot disrupt the natural flow of surface water by increasing it onto someone else’s land, causing flooding, or depriving them from it
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Surface water (drainage or runoff) rules Common Enemy Rule: you can take whatever measure to protect yourself from it Natural Flow- You cannot disrupt the natural flow of surface water by increasing it onto someone else’s land, causing flooding, or depriving them from it Reasonable flow Rule- Allows a landowner to take reasonable actions to protect their land from flooding even if it harms another landowner.
Riparian Doctrine • Riparian means the land near or adjacent to a stream. This law, from English Common Law, says that anyone with property adjoining a stream has the right to withdraw that water for productive use.
Rights of Capture Doctrine • Concerns the right to obtain and use ground water beneath property. If you own land in Texas, you also are the ABSOLUTE owner of everything beneath it to the center of the earth. You have the right to pump as much water you possibly can even if it has negative affects to your groundwater neighbors.
Prior Appropriation Doctrine- • If a user had PRIOR use of surface water, then another person could not deprive them of their prior use of the water; it prevents someone from damming a stream that you depend on for your livelihood.
