Gutierrez v. Rio Rancho Estates, Inc.

OPINION

FEDERICI, Justice.

Petitioners-Gutierrez are the owners of land which lies adjacent to and below the development of Rio Rancho Estates, the property of respondents — Rio Rancho Estates, Inc. Respondents constructed retention dams and drainage facilities from which water is discharged onto petitioners’ land, resulting in periodic flooding and silting on petitioners’ property. Among the court’s instructions to the jury were the following:

7. An upstream or adjacent landowner has a duty to the lower and downstream landowner not to collect in an artificial channel or reservoir or pond,…