Who Is Liable For Flood Damages?

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Hi! I was wondering – I live in the country so we flood irrigate. The only rule I was told is that I had to keep my part of the ditches clean from debris and weeds, but I have two other neighbors on the left of me and my neighbor closest to me – well his house got flooded, not by the ditches on my property but by the neighbor on the other side leaving his pasture ditch gate open, and now they are trying to sue me for damages because I was irrigating at the time and they are trying to say that I needed to walk the whole canal through five other people’s property to make sure the gates are down to their property before I flooded. Can you tell me who should be responsible for the damages?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

This is a highly fact-specific situation, in a state which has location-specific water rights laws. You will need to consult with an attorney in your area who is very familiar with water rights.



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Author: House Attorney