The Duties and Rights of Operators of Water Retention Structures

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