Legal Question in Civil Litigation in Texas

Dam Breaks

Who, if anyone is responsible if a dam of a lake( on private property) breaks up the creek from your property sending a surge of water, tearing down fences and structures? Can you stop the flow of water on a creek legally? Thank you for your resources.

C.K. Paulk


Asked on 4/25/04, 5:44 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Dam Breaks

The owner of the dam may be liable if the owner was negligent in the maintenance of the dam, or had reason to know that it ran the risk of failure.

You need permission from the state in order to impound or divert flowing water.

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Answered on 4/25/04, 10:00 pm


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