ASCE webinars are great for us. We are in a remote location and it is difficult to get quality training for our staff without much expense.

INSTRUCTOR:  Ian Jewell

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

The following learning outcomes and benefits have been established for webinar participants:

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

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