Neighbor flooding me

[Burnadell]

Texas Water Code 11.086

Tex. Water Code § 11.086
Download PDF
Current through the 87th Legislature Third Called Session.
Section 11.086 - Overflow Caused By Diversion of Water
(a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.
(c) The prohibition of Subsection (a) of this section does not in any way affect the construction and maintenance of levees and other improvements to control floods, overflows, and freshets in rivers, creeks, and streams or the construction of canals for conveying water for irrigation or other purposes authorized by this code. However, this subsection does not authorize any person to construct a canal, lateral canal, or ditch that obstructs a river, creek, bayou, gully, slough, ditch, or other well-defined natural drainage.
(d) Where gullies or sloughs have cut away or intersected the banks of a river or creek to allow floodwaters from the river or creek to overflow the land nearby, the owner of the flooded land may fill the mouth of the gullies or sloughs up to the height of the adjoining banks of the river or creek without liability to other property owners.
Tex. Water Code § 11.086

[Hogmauler]

When we lived in C S I had three houses that drained into my backyard. I hired a guy that came out with a transit and did my drainage. French drains worked perfect. People nowadays are “ Hurray for me and screw you”. Sad state of affairs indeed.

[bullets13]

Doesn’t seem like anything malicious. I don’t know that you can do much about him filling a pond in, or clearing vegetation. If he built up his land with a deliberate slope into your place, you might be able to do something

[cwill]

We built our home about 8 feet higher than both of our neighbors and I knew there would be water issues for them. I had small trenches dug down both sides of my property and then empty into my pond which is about 150 yards behind the house. It keeps the neighbors dry and keeps tons of extra water in my pond with any kind of a runoff rain. I'm not sure if it is an option, but you'd be surprised at how much water a small drain will move.

[Greenheadless]

Doesn’t seem like anything malicious. I don’t know that you can do much about him filling a pond in, or clearing vegetation. If he built up his land with a deliberate slope into your place, you might be able to do something

This is kinda what I got out of it, with what was presented.