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Hall
Premium,MVM
join:2000-04-28
Germantown, OH
kudos:2
reply to StillLearn

Re: Stream "control" on property

said by StillLearn:

»water.cityofdayton.org/water/storm.asp would probably know. Maybe they would help. It happens. However if you contact them, you are giving up solutions that might have gone unnoticed.

Nope, they won't know


Hall
Premium,MVM
join:2000-04-28
Germantown, OH
kudos:2

1 recommendation

reply to davidg

said by davidg:

so i would have to agree with others, before your co-worker does anything i highly recommend he find out who is responsible for that waterbody and get specific instruction on what he can and cannot do. even somethign as simple as building a berm back a few feet from the stream can land him in hot water, especially if it causes another property to become flooded worse than previously.

What I've found at this point is he owns the waterway, per common law in Ohio. He owns the land on both sides and with that, he owns the land under as well. He does NOT own the water exclusively though. He is actually free to divert it to water a garden, for example though.

He can change the course of it to his heart's desire. He can even dam it off if he wants to. As you say though, if he dams it and it floods someone upstream, he's 100% responsible. Doesn't matter though as that's not his intention whatsoever.