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10 Ala. L. Rev. 154 (1957-1958)
Surface Water Rights in Alabama

handle is hein.journals/bamalr10 and id is 164 raw text is: ALABAMA LAV REVIEW SURFACE WATER RIGHTS IN ALABAMA Introduction Surface water has been defined as being that water which is casually on the land of a person from natural precipitation and flowing in no fixed channel.' It may be diffused upon the land or it may flow in a fixed depression, but it is limited to water naturally precipitated upon the land by rain or snow, and is distinguished from streams and underground or percolating water. There are three general rules applicable to surface water: the Common Law or Common Enemy Rule, the Civil Law Rule, and a compromise of the two known as the Reason- able Use Rule. The Common Law or Common Enemy Rule permits the possessor of land to restrict or control the flow of surface water as he pleases and places no limitation whatsoever on the method of disposing of the water. The possessor may deal with surface water in any way he may desire, regardless of the harm that his action may cause his neighbor. Water may be treated as a coin- mon enemy and the possessor of land may collect the water in ditches or drains and cast it upon his neighbor, or, on the other hand, he may barricade his land against the natural flow. Regardless of his action, he incurs no liability. The Civil Law Rule, however, provides that one may not interfere with the natural flow of surface water in such a way as to injure his neighbor. This rule is based on the theory that water naturally seeks a lower level and therefore the lower land bears a servitude as to the higher land to receive that water which naturally flows from the higher. The Reasonable Use Rule is a compromise of the other two and allows the possessor of land to make a reasonable use of his land and to change the natural flow of surface water thereon. Under this rule, interference with the natural flow will invoke liability only when it is unreasonable.' I Barber Pure Milk Co. Y. Willie Young, 81 So.2d 324 (Ala. App. 1954). 2 56 Am. JuR., Waters § 68. In 8 ALA. L. REv. 410 (1956) the three different rules are discussed and compared briefly and comprehensively, and in 2 U. FLA. L. REv.

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