"Storm water runoff continues to harm the nation's waters." Rain water runoff from land changed by a developer or government agencies "can harm surface water resources in several ways including by changing natural [water flow] patterns" and by pollution. "Storm water runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances, and floatables. " (44 C.F.R. § 122.30(c).)
Often storm water problems cause erosion to the down hill owners where it flows. The force of water accelerated by gravity can be extreme.
Disputes over storm water between neighbors, governments, and developers are all common. Due to the destructive force of storm water, which can lead to flooding, property owners often are forced to pursue litigation.
Storm water problems are often difficult to solve. Where changes to a higher grade property causes problems to a lower land owner, often the lower land owner is handicapped in how it has to handle the problem.
The attorneys at Teague & Chambless, LLLP are experienced in assisting builders, developers, and homeowners with storm water problems and have also advised homeowner associations regarding legal requirements.
Storm Water Problems
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