diffused surface waters

diffused surface waters

Water that comes from rain,melting snow,or underground springs and that spreads over the surface of the land.The concept is important because

1. Applicable local environmental laws may require developers to provide siltation and erosion control for diffused surface waters traveling over disturbed land.

2. In some states, called common enemy states, property owners may do what they want with diffused surface waters—impound them and deny water to lower landowners, or dam one's own land to prevent a watershed and cause flooding to the upper     landowners.

3. In other states, using the civil law rule, property owners may not dam diffused surface waters to the damage of upper owners, nor may they impound diffused surface waters and deny water to lower property owners.

4. Still other states use the common enemy rule for urban land and the civil law rule for rural land.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.