What is considered natural water flow? Can I bring my driveway up to grade?

[Hillcountry66]

What is the name of your state (only U.S. law)? Texas

I purchased 30 acres which only has one entrance. The width of the entrance is 30 feet. The road/pathway leading to back 30 acres is slightly sloped inward on both sides so water channels down the middle of the road/pathway to the highway. This pathway is mine. I pay taxes on it. It shows up on my survey deed as mine. Is this considered natural water flow? Can I build the road/pathway up to grade? Or do I have to have a corrugated French drain and bring the road up to grade with gravel? Or can I not change it at all? My neighbor says I can't block water flow. But the road/pathway is my property and the channel leads to my acreage so do I have the right to do what I want? Why can't the neighbor make a channel on his property if he wants water to flow? Why does it have to be channeled in the middle of my road/pathway? What can I do? I purchased this property early part of this year and didn't see this coming. The channel does run to highway and there is a storm drain it channels into.

 

[xylene]

You need a survey, an engineer and a lawyer.

 

[FarmerJ]

A example of natural flow could be say my yard sits two to three inches higher than yours so when it rains extra hard that rain flows from my yard to yours ( or like when spring snow melts up here and it melts super super fast and the run off flows to lower property) Natural run off is not natural if someone did something to alter the land so in some cities / counties and I supposed maybe even some townships there may be in place rules that do not allow one land owner to deliberately change drainage to force it onto another persons land , but its really worth talking to your city/ township/ county to learn if they have laws that address drainage issues when someone wants to improve a driveway or make other changes, Start with your local govt offices , they may well indeed have the answers you seek.

 

[Hillcountry66]

Can you give me an example who would be my local govt office? I've spoken to state dot and they have told me my problem so I pay to have drop inlet installed. But this doesn't seem right because it belongs to the state. And it's blocking my entrance so the state should fix this or at least offer to split costs.

And I understand natural flow. But this driveway didn't just slope inward on both sides and have a perfect channel down the middle by itself. Someone did this in the past so why can't I do something to change it now?

A survey? Like a water runoff survey?

 

[FarmerJ]

township level would be your townships clerk. City = city hall, offices, county zoning desk ? ASK them what if any laws are there related to drainage issues when one wants to make a improvement to land such as a new driveway.

 

[Dave1952]

How long has this road served as the drain to your neighbors' properties?

 

[Silverplum]

Water laws in Western states are complex and twisty. In Colorado, the few water law specialists could work 24/7/365 till they drop dead. I suggest you find one of those attorneys in Texas.

 

[Hillcountry66]

Ok thanks guys. I've asked the county commissioner before if there was easements but they must have been the wrong ones to ask on that because the guy started going off topic talking about other stuff.

So county commissioner would be the one to talk to?

I've been down to the county clerk to look up easements related to deed but some are dated as far back as 1950s and aren't very legible. Now if there is a culvert midways on acreage and that is recorded on the deed wouldn't this so called roadway be recorded if it as actually a drainage? And the drainage was for the field. Which is now my field. Which I won't be having farmed anymore so I don't really care if it drains.. There is a bayou at the rear of the acreage so it will drain but my neighbor just trying to give me a hard time. We have already established me being able to drive through my own property I own. Neighbor tried to say it was his so I showed him my deed showing otherwise and asked him to prove it is his. Haven't seen him since. But still continues to mow the property.

 

[Hillcountry66]

And to be honest I don't have a clue how long it has been set up for drainage? I just bought it early part of the year. I assume it's been this was for a few years. The previous owner had no reason to use it as driveway since he had another road to enter from. But he split land so now this is the entrance for the land that I purchased.

 

[Silverplum]

I forgot to post this link from TX A&M: http://texaswater.tamu.edu/water-law

 

[Hillcountry66]

An attorney? Oh boy. I think You are politely saying to pass the headache on and put the for sale sign up. I think I just may before I get tangled up with this neighbor because my patience is running out.

 

[Hillcountry66]

I read on imafra.gov that private ditches and channels across a low area are considered private property and not natural watercourses.

 

[Hillcountry66]

Reasonable Flow. This rule allows landowners to divert or change drainage water, even to the extent of harming adjoining neighbors, so land as the diverter's actions are "reasonable" considering all circumstances

 

[John Se]

The ACOE or Army corp of engineers regulates the waters of the united states

study up on section 404 permitting, easy to do, these are the regulations you have to follow, they are reasonable, you can also call the ACOE. Nice people usually, just get permission, they are not against development.

 

[Hillcountry66]

Well I sure appreciate it. My neighbor is against development. But I won't get into that. And I just ran out of people to call so I'll give army corps a call tomorrow. I'm just about ready to dish out of a lawyer but if I do that I'm going all out with my plans instead of trying to reason with my neighbor.