Is there a right of drainage of surface water between owners of adjacent lands of different elevations?
Saskatchewan, Canada
The following excerpt is from Qualley v. Day, 1928 CanLII 156 (SK QB):
The right of drainage of surface water as between owners of adjacent lands of different elevations is governed by the law of nature. The lower property is bound to receive the waters which naturally flow from the estate above, provided the industry of man has not created or increased the servitude. In Farnell v. Parks, supra, the headnote is, in part: An obstruction to the natural flow of a slough or surface water, by a beaver dam, may be rightfully removed by anyone interested, in order to restore the land to its original and natural conformation, unless another party, relying on the continuance of the obstruction, had dealt with his land in such a way that he would be injured by the removal of the obstruction.
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