Legal Definitions - excess water

Excess water refers to water present in an amount greater than what is considered normal, necessary, or legally permissible for a specific location or purpose. This surplus water can originate from various sources, such as heavy rainfall, overflowing bodies of water, or human activities like irrigation or construction, and often leads to legal considerations regarding property rights, damage, or environmental impact.

• Example 1: Agricultural Runoff

  A farmer operates an irrigation system to water their crops. Due to a malfunction, the system releases a significantly larger volume of water than intended, causing it to flow off their property and flood a portion of a neighboring farm. The neighbor's crops are damaged by the unexpected inundation.

  Explanation: The water that flowed onto the neighboring farm is considered excess water because it exceeded the amount naturally present or intentionally directed there, causing damage. The farmer whose irrigation system malfunctioned might be held responsible for the harm caused by this surplus water.

• Example 2: Construction Site Drainage

  A construction company begins developing a new housing subdivision on a previously undeveloped plot of land. During the grading and excavation phase, the natural drainage patterns of the area are significantly altered. As a result, during heavy rainfall, a large volume of stormwater that previously drained harmlessly now collects and pools excessively on an adjacent homeowner's backyard, causing erosion and damaging their landscaping.

  Explanation: The stormwater accumulating on the homeowner's property is excess water because the construction activities changed the natural flow, directing more water than historically occurred onto the neighbor's land, leading to damage. The construction company could face legal claims related to managing this excess water and its impact on neighboring properties.