Every person owning or occupying lands upon the bank of any stream where the lands lying back of the stream are lower than the bank, is responsible for all damages sustained by the owners or occupants of lower lands by reason of any cut or embrasure made in the bank of the stream by the owner or occupant of the bank.
Chapter 5Cuts in Banks of Streams
Section § 7050
If you own or live on land next to a stream, and the land is lower behind the stream, you're responsible if you make any changes to the stream bank that cause damage to other people's lower land.
stream bank responsibility landowner liability damage from stream alteration stream bank changes lower land damage stream-related land damage land adjacent to stream stream bank liabilities owners of stream banks impact on lower lands stream cut impacts occupant responsibility stream bank stream embankment modifications stream bank embrasure damage liability waterways
Section § 7051
This law states that if someone made cuts in a waterway for irrigation and installed gates and culverts that are generally seen as capable of controlling the water flow, plus they worked hard to prevent any damage, they can use these points to reduce the amount of damages they might owe if something goes wrong.
If the cuts were made for the purpose of irrigation, and headgates and culverts were installed which competent persons consider sufficient to restrain the water, and if great diligence was used to prevent damage, these facts may be pleaded and proved in mitigation of damages.
irrigation headgates culverts water restraints mitigation of damages water control preventing damage waterway cuts competent persons diligence damage prevention sufficient installation water management proof of mitigation irrigation practices
