Purpose and Background

With the advent of numerous stormwater regulations, the use of stormwater BMPs to manage and treat runoff has become a critical component of any site development project. This use of stormwater management measures, while intended to protect the environment and control the quantity and quality of runoff, can still alter hydrology in ways that may give rise to legal issues and litigation from downstream landowners. Claims of “hydrologic trespass,” nuisance, and other actions deriving from the broad area of water law can sometimes arise even when the designer has properly followed the local regulations. This one-hour webinar will discuss the basic principles of water law, drainage law claims of nuisance and trespass, and other legal actions as they relate to stormwater management design.

Primary Discussion Topics

The speaker will discuss:

• Relevant areas of water and drainage law
• Overview of laws dealing with liability for flooding, water use, and damage to downstream property
• Examples cases in which litigation arose over alleged damage caused by stormwater management systems
• Analysis of how the designers can avoid legal issues
• Suggestions to assist designers in foreseeing downstream legal consequences

Learning Outcomes/Benefits

Upon completion of this course, you will be able to:

• Gain practical insight through real world case examples
• Develop an understanding of legal principles that surround stormwater management and hydrologic modifications
• Know how to anticipate potential legal issues that may arise from stormwater management
• Communicate with clients, regulators and the public about stormwater management
• Enhance your ability to innovate solutions to unique engineering problems

Assessment of Learning Outcomes

Students' achievement of the learning outcomes will be assessed via a short post-assessment (true-false, multiple choice and fill in the blank questions).

Intended Audience

• Professional Engineers
• Engineers in Training who have a basic understanding of engineering design, bid-document preparation and construction practices
• Professionals who wish to improve their understanding of environmental laws

Webinar Outline

• Overview of stormwater management and its regulatory drivers
• Principles of water law and drainage law that affect stormwater management design
• Trespass and nuisance actions and how they can arise from stormwater management
• Potential liability of the designer
• Case examples and analysis of stormwater management litigation
• Important stormwater design considerations from a legal perspective