Drainage Easement - Can Neighbor Redirect Creek to Flow Onto It? Trepass?

[Lokelani]

A neighbor built his house uphill from our unbuilt property. We have a 20' drainage easement on our side of the property line that runs the length of the two properties, and he is now filling in the natural creek bed that flows on his side of the property line. He is trying to redirect the water so it will spill onto the easement. Also, he has trucked in several loads of dirt and rock and dumped it onto our property saying he has every right to use the drainage easement as a public right of way to store the materials and use our land while he fills in the creek. He believes he has every right to redirect the flow of a creek. Does he? Who is responsible for platting an incorrect water flow (the easement should have been on his property, obviously), and can he use a drainage easement on my property for his own personal use or is he trespassing? HELP!

[Lokelani]

.....Bump.....

[xylene]

Nice bump, and did you notice when you started the thread you had to delete the questions asking your state.

so What is the name of your state?

[John Se]

discharging dredge or fill into waterways is a big no-no, Needs a nationwide permit, look search under section 404 permitting, you cannot fill watercourses. call and report him, he will get in trouble or at least have to do things correctly

[Lokelani]

The property is rural, not in any city limits, and Osage County is not really willing to help. Their employee basically came out and took a look, and said the neighbor shouldn't fill in the creek. Big help that was.

It is unknown if the creek is natural. It is a small seasonal one, but it does handle the flow from an entire hill side and has created a long path down to the lake. The guy filling in his property seems to think the drainage easement on our side should be the new creek.

How do I get this guy to stop? Once a subdivision is plotted, platted, etc., can a new easement be established due to an error?

Thanks!

[PghREA]

Thats a big no-no in my state - (which is not OK). Try calling the Army Corp of Engineers.

[John Se]

file a restraining order, or have the ACOE do it, have you called them yet? Or better yet go visit, with pictures, make an appointment today!

[Lokelani]

I will give the ACOE a call tomorrow. We also have an attorney looking into the matter. It may end up useless as the subject neighbor is a lawyer (trusts) and most likely has plenty of free help, and we can only afford a little.

Can he use a drainage easement on our property to store his truck loads of rock and dirt and run construction equipment on it? I just can't find a definition for an Oklahoma drainage easement.