Legal Considerations for Solving Drainage Problems

This guide outlines the legal considerations involved in addressing drainage problems in Indiana. It details the complexities of Indiana drainage laws, which encompass both statutory and common-law theories. The document provides a checklist of legal remedies and theories available to landowners facing drainage issues. It emphasizes the importance of consulting with neighboring landowners and attorneys to ensure proper representation of rights. The guide also discusses the role of various regulatory bodies, such as the Indiana Department of Environmental Management and the county drainage board, in managing regulated drains. Specific procedures for establishing new regulated drains and addressing obstructions in mutual drains are explained. Additionally, the document covers the implications of the common enemy rule regarding surface water and its limitations, as well as the potential for nuisance actions and drainage easements. Overall, the guide serves as a comprehensive resource for understanding the legal framework surrounding drainage issues in Indiana.