drainage rights

drainage rights

Legal principles regarding the ability of a property owner to divert the natural flow of water onto another property. Whether it is allowed or not depends on the state, sometimes on whether the land is urban or rural, or on what's reasonable under the circumstances.

References in periodicals archive ?
147) Most county plans expressly recognize vested drainage rights and consider all non-vested drainage to be the same as new drainage.
Some counties also exempt the permit requirements for repair, replacement, or improvement projects that are less than twenty acres beyond vested drainage rights.
Resolving drainage rights and maintenance issues frequently requires the application of common law property rights.
However, as will be explained, drainage rights clarified by the Florida Supreme Court have not been acknowledged by governing bodies or incorporated into their permitting processes even though this case law is more than 20 years old.
The Common Law of Surface Water Drainage Rights and Early Statutory Law
Typically, once these systems were in place, there was apparently no urgent need to formalize the drainage rights because the benefits of the systems were obvious and, as a practical matter, maintenance was conducted as needed.
34) However, given modern development constraints, it seems incomprehensible to expect or require a landowner to litigate drainage rights before constructing a surface water management system.
373 consumptive water use permit process to supersede common law water use rights, there is no similar legislative intent for the ERP program to preempt common law drainage rights.
These documents include details of covenants, planning permissions, building regulation approvals, drainage rights, guarantees for double glazing you've had installed - and you need to keep them in a safe place.
government owns the drainage rights to millions and millions of acres.
Under this program, drainage rights to the most environmentally valuable wetlands would be purchased by local and national environmental groups.
Many of these acres or drainage rights would be purchased by the present fee-simple owner because no one else would have any use for them at that price.