El Dorado Broadcasting Wins Water Flow Lawsuit
The Arkansas Court of Appeals affirmed judgment in Bilo v. El Dorado Broadcasting Co., No. 07-507 (2/13/08).
Bilo owns land east of EDB; rainfall typically passed over Bilo's land and traveled south. He built a landfill, which caused rainfall to be diverted to EDB's land. There was no dispute the rainfall at issue was heavy and fast flowing. The issue turned on whether such rainfall is considered a watercourse or surface water. If the rainfall is surface water, then the common enemy doctrine applies, and Bilo's actions were probably legal.
The trial court found that the rainfall is a watercourse and enjoined his landfill. The court of appeals affirmed but did not provide a discussion on the watercourse/surface water issue. They just held the trial court did not err in its determination. Judge Gladwin, joined by Judge Griffen, dissented. He argued the rainfall should be considered surface water and that Bilo's actions were legal.
