Who's Responsible For Water Runoff?

Peacock · #1 03/19/08, 01:18 AM

Remember that field I posted about, the one I wanted to buy? Behind our property?

Well, here's the thing. We live on a hillside. There is a big vacant field at the top of the hill. It's been raining a LOT and it seems like the water from half of the field is heading straight down through our yard. The field up there is *almost* flat, it's not like we bought halfway down the hill and expect the water to stop before it gets to us. But this is a huge amount of water. We just had some major landscaping done to try and direct the water runoff, but at this point we might very well have done nothing. The water is creating a waterfall over the retaining wall we put in, and the 6-inch drain pipe running through the lawn is getting maybe a fraction of the small river flowing downhill. Our yard is a MESS.

Fortunately our basement is not flooded - being on a hillside does have advantages. I would hate to have the house across the street right now, though, wouldn't be surprised if they have a few inches of water down in their basement and the creek rising into their backyard.

DH has said we should get in touch with the township to see if they can do anything about the water issue or make the property owner do something - dig a trench, put in a drain, etc. But I'm not so sure. I'm thinking that the situation is "duh" -- you buy a sloped property with a field behind it, this is what you get.

OTOH, there are those people across the street who probably deal with OUR runoff.

Who's responsible for what here?

Good grief, I wish the rain would let up.

**Cabin Fever** · #2 03/19/08, 07:20 AM

Unless the upslope landowner is not responsible unless he did something to increase or funnel the "natural" runoff toward your yard.

Darren · #3 03/19/08, 07:22 AM

You're experiencing one of the reasons why folk who don't live near a floodplain should consider getting flood insurance. You'll be eligible for the preferred rate which is less than $150 a year. Your situation sounds like an "Act of God." I doubt anyone is going to come to your aid. I've installed french drains to intercept water. The trick is to backfill with clean sand above the geotextile, gravel, pipe sandwich. The last one used an 8" PVC pipe. Water hits the sand and is literally sucked underground. There's no flow across the drain.

For really heavy flows, you'll need to construct a lined intercept ditch to route the water away from areas you want to protect. Sometimes you can see examples placed above highway cuts to keep water from waterfalling over erodible edges.

mwhit · #4 03/19/08, 07:23 AM

Quote:

Originally Posted by edayna

I'm thinking that the situation is "duh" -- you buy a sloped property with a field behind it, this is what you get.

That about sums it up

Michelle

laughaha · #5 03/19/08, 07:25 AM

You need a diversion ditch, or maybe a pond, or maybe both.

Danaus29 · #6 03/19/08, 07:30 AM

God is responsible, unfortunately. In most of Ohio it is now illegal to redirect the natural flow of rain runoff. With all the moisture in the soil and all that has been coming down there isn't much anyone can do except wait until it's over then assess the damage.

I'm so sick of this rain myself. We're going to get a load of sand to attempt to stabilize the clay we jokingly call our back yard. Won't help the water washing down the slope, but at least it'll keep us from sinking.

**Cabin Fever** · #7 03/19/08, 08:04 AM

Quote:

Originally Posted by Darren

....For really heavy flows, you'll need to construct a lined intercept ditch to route the water away from areas you want to protect.....

Just make sure that this ditch doesn't daylight out onto your neighbors property or YOU will be responsible for any damages caused to his property.

ace admirer · #8 03/19/08, 10:58 AM

another reason to look at property more closely before being stuck with a problem. the owner uphill from you did not make you purchase it. why should he be made to pay for something he has not caused.

HiddenHollows · #9 03/19/08, 11:06 AM

It might be worthwhile to contact your soil and water conservation district to see if they can help make a plan to deal with the water/drainage.

turtlehead · #10 03/19/08, 12:03 PM

Ooh! A pond! I like laughaha's idea.
Can you put in a pond?

Ours saved our garden this past summer during the drought. There's an underground line from the pond to a frost free valve in the yard. We just ran hoses from valve to garden and let 'er loose.

edcopp · #11 03/19/08, 12:26 PM

8 Months ago we could not beg, borrow, or steal even a slight shower. How soon things change.

Old Vet · #12 03/19/08, 12:38 PM

Gravity is respnsible for run off. If you are down stream of water you will get more than you need in this verry wet conditions.

Common Tator · #13 03/19/08, 12:45 PM

My folks live in a mountainside community that had pastures in the valley at the base. Every year the pastures would flood, and the poor livestock would have to crowd to the edges to stay out of the water. Imagine our surprise when we saw the cattle moved out of their pastures and houses going in. How did they deal with the lake that was there so often? They didn't. The houses flooded many times, and the homeowners tried to sue the mountian dwellers because the water came from there. They lost their suit.

The moral of this true story is to not build your house in a dry lakebed, or a seasonal creekbed.

wy_white_wolf · #14 03/19/08, 02:25 PM

The creek through my little brother's place ices up every winter and floods the fields next to it. They end up being vast sheets of ice many feet thick. An out of stater bought the place next to him and proceeded to build a hunting lodge. Soon as my brother found out where he was building it he went and told the guy not to and what would happen. The guy told my brother he was crazy and ran him off his property.

Him and I still laugh at the pictures of that hunting lodge with ice up to it's eaves that first winter.

farmergirl · #15 03/19/08, 02:37 PM

From the sounds of it, your neighbors have zero obligation to help you solve the muddy mess at your place, but that's no reason to go it alone. I would ask the neighbor up the hill and the neighbor down stream from you to get together with you and your DH to come up with a solution to the problem for all involved. Even if the up the hill neighbor doesn't want to roll up his sleeves to help, he may be able to share observations about his land over the years that will aid you in your plan for fixin the run-off. Chin up and good luck! Solving problems like this can be tough but VERY rewarding when you get through

rambler · #16 03/19/08, 09:27 PM

Quote:

Originally Posted by edayna

I'm thinking that the situation is "duh" -- you buy a sloped property with a field behind it, this is what you get.

That is _exactly_ the situation out in the country.

Only time someone is responsible is if they change the direction & flow of the water to go someplace it would not normally go.

Be careful with your drainage & diversion efforts. If the water normally goes off the east side, & you change that to go off the west side for example, and this causes someone downstream of you issues, they would have a real complaint. You can divert the water around your stuff, but you don't want to change where it generally flows to.

Natural waterflow downhill is just that, and it is up to each landowner to plan for & deal with it on their own.

Man there have been some court battles in my area on this, from small acre home owners to big farmers - just can't understand, water flows naturally & that is how it is, you have to plan ahead.

--->Paul

Rocky Fields · #17 03/20/08, 12:28 AM

Hey.

In the future, think about buying flood insurance.

If it's really steep, learn how to terrace...this will control the water.

Look at the bright side, you now own a prime rice paddy;-)

Otherwise, you might qualify for a trailer and some relocation money;-)

RF

fantasymaker · #18 03/21/08, 11:02 AM

I'd tred carefully here , the owner up hill might have some issues with your retaining wall slowing the drainage from his place.
As long as this is the natural drainage I think your getting what is due you , Now to be sure you might be able to say that if the hill was in natuural cover the amount of flow would be reduced in total amount and spread over a longer time. But truth be told I havent seen much sympathy for that veiw in farm country.

RosewoodfarmVA · #19 03/21/08, 03:02 PM

So, the owner of the land upstream is responsible for the 4 places my fence got washed out in the recent storm?

rambler · #20 03/21/08, 09:13 PM

Quote:

Originally Posted by RosewoodfarmVA

So, the owner of the land upstream is responsible for the 4 places my fence got washed out in the recent storm?

Ohmygosh, you want to combine waterflow issues with fencing issues? Every state, and some counties, have different laws for both those topics.

Could be tied up in the courts for decades!

--->Paul