Getka v. Lader

As to the right of a landowner to drain surface water from his land and pass it onto the land of a neighbor, the general rule in this state for a long time was that such surface water was recognized as a “common enemy” and that such landowner could “fight off or control” such surface water as he will or is able.

Recently, in respect to surface waters, this court abandoned the “common enemy” test and substituted a “rea sonable use” rule. Under the “reasonable use” approach, the gravity of the harm is to be weighed against the utility of the conduct, 3 and landowners, diverting surface waters,…