enemy waters


enemy waters
Storm, freshet and flood waters of a river, as distinguished from its ordinary and usual flow. Herminghaus v Southern California Edison Co. 200 Cal 81, 252 P 607. Surface waters referred to as the common enemy in supporting the common-law rule that the owner of the lower tenement or estate may at his option lawfully obstruct or hinder the flow of surface water thereon, and in so doing may turn it back or away from his own lands, and onto and over the lands of other proprietors without liability for such obstruction or diversion. 56 Am J1st Wat § 69.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • storm waters — Enemy waters,–freshet and flood waters of a river, as distinguished from its ordinary and usual flow. Herminghaus v Southern California Edison Co. 200 Cal 81, 252 P 607. See flood waters …   Ballentine's law dictionary

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