Diffused Water

Question 1

What is Diffused water?

Answer 1

When people collect/direct surface water. Water that is not channeled.

Question 2

What are the 3 doctrines that govern Diffused Water?

Answer 2

1. Common Enemy Rule
2. Civil Law Doctrine
3. Reasonable Use Test (Majority Rule).

Question 3

What is the majority rule for Diffused Water?

Answer 3

The Reasonable Use Rule/Test - can’t cause an unreasonable interference to your neighbor’s property; courts look @ circumstances. Similar to nuisance.

Question 4

What is the Reasonable Use Rule/Test?

Answer 4

Can’t cause an unreasonable interference to your neighbor’s property; courts look @ circumstances. Similar to nuisance. They use a balancing test - gravity of harm to plaintiff balanced against utility of defendants conduct.

Question 5

What is the Common Enemy Rule?

Answer 5

The absolute right/freedom to direct water off your property.

Question 6

What is the Civil Law Doctrine?

Answer 6

Strict Liability - you will always be liable for damages done by directing the flow to your neighbors property.