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Water which does not run in any well- defined channel. Examples: Run off from rain and melting snow.

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Presentation on theme: "Water which does not run in any well- defined channel. Examples: Run off from rain and melting snow."— Presentation transcript:

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2 Water which does not run in any well- defined channel. Examples: Run off from rain and melting snow.

3 Rule of Capture Does not matter on whose land water fell.

4 1. Natural Servitude (Civil Law Rule) (Natural Flow) Landowners right – water to flow away Landowners duty – permit water to flow over No alteration of natural contour allowed But, some courts permit reasonable alterations.

5 2. Common Enemy Rule Landowner can take steps to remove water. Landowner can take steps to prevent water from coming on to property. Some courts have reasonable exception for artificial discharge.

6 3. Reasonable Use Rule Case-by-case approach.

7 Rahway, NJ

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