Property with small/seasonal water runoff creek (land, deal)

[matseu]

Are there any types of restrictions that'll keep me from trying to divert that seasonal runoff that goes through property? It's dry most of year but during rains it'll run a little from run off from hills nearby.

[wit-nit]

This site might help answer your question(s)... https://nationalparalegal.edu/public...aterRights.asp

Surface waters include standing rain water, melted snow, etc. The rule regarding usage of standing water is simple and intuitive. The owner of property on which the standing water sits has complete and exclusive rights to use it.

Problems arise when, as is often the case, standing water is harmful to land because it floods crops or otherwise interferes with the owner’s use and enjoyment of the land. The question is, to what extent, if at all, each property owner should be allowed to divert the harmful water, through the use of dams or dikes etc., off of his or her own property and onto the property of another person. Once again, jurisdictions are split in terms of how to handle this problem. Below is a sampling of some of the applicable rules that are applied by various jurisdictions:

1) Natural Flow Rule: Under this rule, land owners may not take steps to divert harmful waters onto other lands at all. Instead, it is the responsibility of each land owner to deal with the water that naturally enters his or her land to the best of his or her ability.

2) Common Enemy Rule: This doctrine, at the other extreme from the natural flow rule, is based on the theory that the harmful water is the “common enemy” of everyone. Therefore, anyone may take any steps he or she desires to keep the harmful water off their property, even if that means diverting the water onto someone else’ s property.

3) Reasonable Use Rule: This rule is a compromise between the above two doctrines. According to this rule, harmful water may be diverted where such a diversion is reasonable, in light of the surrounding circumstances, including gravity of the harm that will be caused by the water and ease with which that harm can be avoided.

You may have to contact your local water district agency for what they have to say.