Legal Definitions - flowage easement

A flowage easement is a specific type of easement, which is a legal right allowing one party to use or control a specific part of another person's land for a particular purpose. In the case of a flowage easement, this right specifically permits the flooding or the flow of water across a property that is not owned by the party holding the easement.

This means the landowner retains ownership of their property but grants permission for water to periodically or permanently cover a portion of their land. Flowage easements are commonly acquired by government agencies, utility companies, or other entities for public works projects such as dams, reservoirs, flood control systems, or drainage infrastructure. The landowner typically receives compensation for granting this right and is usually restricted from building structures or taking actions that would impede the flow or storage of water on the affected area.

Here are some examples to illustrate how a flowage easement works:

• Example 1: Reservoir Creation for a Dam

  A regional water authority plans to build a new dam to create a reservoir for drinking water and irrigation. The reservoir will expand during periods of high rainfall, potentially submerging parts of several privately owned properties located upstream. To legally allow this periodic flooding, the water authority acquires flowage easements from the affected landowners. The landowners continue to own their property, but the easement grants the water authority the permanent right to flood those specific portions of land as the reservoir levels fluctuate. The landowners cannot build homes or other permanent structures in the easement area that would interfere with the reservoir's operation.

• Example 2: Flood Control Basin

  A county flood control district identifies a low-lying agricultural area adjacent to a river as an ideal location for an emergency flood basin. During severe storms, the district needs the ability to divert excess river water into this basin to prevent flooding in nearby residential communities. The district negotiates flowage easements with the farmers who own the land in the designated basin. This easement allows the flood control district to intentionally flood the farmland when necessary, protecting urban areas downstream. The farmers can continue to cultivate their land during dry periods, but they acknowledge and accept the district's right to flood their property for flood management.

• Example 3: Drainage for a New Highway

  A state department of transportation constructs a new interstate highway. To manage rainwater runoff from the expansive road surface, they design a drainage system that directs water into a natural depression on an adjacent private property. To legally establish the right for highway runoff to flow onto and temporarily collect on this private land, the department obtains a flowage easement from the property owner. This easement ensures that the highway's drainage system can function effectively without the state being liable for trespassing or property damage due to water flow, while the landowner is compensated for allowing this specific use of their land.