SENATE BILL REPORT

SB 5699

BYSenator Metcalf

Regulating artificial diversion of surface waters.

Senate Committee on Agriculture

Senate Hearing Date(s):February 17, 1987; January 22, 1988

Senate Staff:Tom McDonald (786-7404)

AS OF JANUARY 20, 1988

BACKGROUND:

Case law in this state declares that an upper landowner may not artificially concentrate surface water on his or her land and discharge it upon the land of a lower owner, except as to natural depressions or drains in which surface water normally drains.

Surface waters may not be artificially collected and discharged upon adjoining lands in quantities greater than or in a manner different than the natural flow of such water.  At the same time, the flow of surface waters along natural drains may be hastened or incidentally increased by artificial means so long as the water is not ultimately diverted from its natural flow onto the property of another.

SUMMARY:

No person, defined to include political entities, may collect, channel, direct or divert diffuse surface water in an artificial manner onto the land of another without making compensation to the injured landowner.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested