Washington Court of Appeals Affirms Order to Abate Water Trespass

The Washington Court of Appeals recently affirmed a trial court's order for a property owner to abate the flow of water from his drainage system to an adjoining property.  The trial court concluded that the property owner's improvements to a drainage system increased and concentrated the flow of water to his neighbors' property and that the resulting water trespass had caused flooding and erosion.  The appellate court held that "when surface water is collected and discharged upon adjoining lands in quantities greater than, or in a manner different from, the natural flow ... injunction is held to be a proper remedy."