TM 5-820-3/AFM 88-5, Chap. 3
ever, cannot prevent natural drainage from entering
damage the property of the lower owners without
their property from above because water may not
first securing an easement. The lower owners,
be carried across a drainage divide and discharged
however, are allowed to construct dikes or other
on land which would not have received the water
facilities to prevent the flow of surface water onto
naturally.
their property.
c. Other states employ the common-enemy rule
d. Both Roman civil law and the common-
which recognizes that water is a common enemy of
all and that any landowners have the right to pro-
enemy rule place the responsibility for damages on
tect themselves from water flowing onto their land
the party altering the natural stream pattern of an
from a higher elevation. Under this law, the higher
area or creating an obstacle which blocks the flow
landowners cannot construct drainage works which
of a natural stream.
1-2
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