Who Is Liable For Flood Damages?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

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?

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.