Posted by Rich-CA on May 21, 2007 at 22:10:47:
Depends on the state. In CA, I have read (and I do not have this at hand) that it is illegal for one property owner to flood another property owner’s land through their actions. This seems logical and I would object to the County about this right away just to make sure they don’t obtain the right to continue flooding your land because you did nothing for too long.
Neighbors blocking seasonal creek - Posted by Dan Hurst
Posted by Dan Hurst on May 21, 2007 at 20:53:52:
There is a seasonal creek behind my property. A couple of downstream property owners have driveways that cross the low area of the creek and they don’t allow sufficient water flow. During heavy rains, the driveways cause about 1/3 of my acre to flood.
What are my rights? Should the county enforce it’s excavation rules?
Thanks for your time
Re: Neighbors blocking seasonal creek - Posted by Frank Chin
Posted by Frank Chin on May 23, 2007 at 17:23:10:
Dan:
Another thing you can do is check the zoning and codes in your area. I’m in the NYC area.
A friend of mine living in Long Island applied for a permit to widen his gravel driveway, and have it done in concrete, and was turned down because the result is it would increase the waterflow to a neigbor’s land in a rainstorm. He can submit plans to show that it won’t, but adding curbs, drains made the project too costly. He now parks the additional cars on the grass. Well, I asked why he parks a car on the grass, and he explained why.
Another friend was required by the town to take down an awning covering his entire driveway (he built a carport) due to the fact it was built without a permit. When he consulted an architect to submit plans for approval for a permit, he was told that he could not get one approved based on a “rainwater test”, i.e., during a rainstorm, the runoff of water from the awning increased the waterflow to the neighbor’s driveway right next to his driveway, and because the driveways are adjacent, no way can he install curbs or drains to reduce the flow. The architect told him to remove the offending structure which he did.
Depending on local codes, the answer to your problem may well be in the codes. Here, if an offending structure required a permit, and none was granted, authorities can demand it be removed.
Frank Chin
You’ve got a “green” issue here - Posted by John Merchant
Posted by John Merchant on May 23, 2007 at 10:24:36:
I think you’re living in the right era!
These days there are lots of eager folk just looking to get involved in enforcing un-obstructed creek flow, etc. so you might ought to start looking for your local “green” organization or agency and talk to them about their getting involved here with your evil “earth warming and anti-green” driveway neighbors.
As I hear it, here in Pac NW, ANYTHING that interferes with Mother Nature is “evil, sick and twisted” 
and subject to attack from all quarters.
If you were in my law office seeking help I think I’d offer to write them a letter just outlining what you’re experiencing due to their driveways.
In that letter I’d be telling them that unless they make some immediate corrections to un-impede that creek flow and stop flooding your land, you’ve instructed me to look into suing them for damages and/or complaints to local enviro-friendly agencies or groups to support my poor client.