My neighbor has stop the natural flow of water from my property he is in volation of water code 11.086 I had an lawyer answer the question and he said 11.086 is not in water code subchapter c or d. why does it matter
The legal analysis for your question would start with the particular facts, and extend to the sort of damages that your neighbor is causing. Texas Water Code section 11.086 states in part:
Sec. 11.086. OVERFLOW CAUSED BY DIVERSION OF WATER. (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.
(b) A person whose property is injured by an overflow of water caused by an unlawful diversion or impounding has remedies at law and in equity and may recover damages occasioned by the overflow.
If your neighbor has performed the prohibited conduct, and you have been damaged, then you may have a claim against your neighbor.
You should consider preparing a letter to mail by certified mail, return receipt requested, to your neighbor to set out the facts and to demand the relief that you want. Attach photographs of the offending conduct or construction. Make sure that your letter is professional and business like as it may be evidence later.
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