The Duties and Rights of Operators of Water Retention Structures

Authors

Clifford Davis, University of Connecticut School of Law

Abstract

This Commentary is concerned not with the usual allocation of water during shortages but rather with cases in which the natural flow increased because of heavy runoffs, and downstream owners sued the upstream operator of a water retention structure alleging that its negligent operation—and not its failure—caused excess waters to overflow their lands.

I. Introduction

II. Discussion … A. Duty to “Draw Down” … B. Duty to Warn and Contributory Fault … c. Feasibility and Foreseeability

III. Conclusion

Recommended Citation

Clifford Davis, The Duties and Rights of Operators of Water Retention Structures, 57 Neb. L. Rev. 319 (1978)
Available at: https://digitalcommons.unl.edu/nlr/vol57/iss2/5