Bittersweet Farms, Inc. v. Zimbelman

Opinion by

Judge KAPELKE.

Plaintiff, Bittersweet Farms, Inc., (Bittersweet) appeals the judgment of the trial court dismissing with prejudice its claims of negligence and trespass against defendants, Jack and Donald Zimbelman. We affirm.

Each of the Zimbelmans owns farmland adjacent to, and upstream from, Bittersweet’s property. To irrigate their land, the Zimbelmans rely in part on tail water, or excess irrigation water, which flows onto their property from their neighbors’ land. The tail water is collected in two ditches maintained by the Zimbelmans. The ditches follow the natural drainage of…