SwingsitlikeHogan
Major Champion
The farmer has excavated a huge high-sided reservoir on his land to store fresh water (not runoff) for his fruit crop - this is at the bottom of a long slope adjacent to the course . The up-hill high side of the reservoir acts as a dam to rainfall runoff coming down the slope. When this ‘dammed’ water reaches as high as he can (or wants to) let it, he pumps it into a small (already full) holding pond immediately adjacent to the course boundary that sits on the natural watercourse. The water from this overflows then follows the natural watercourse across the course and, given the volume of rainfall these last 2-3 yrs, it floods us.I don’t believe that he is acting legally by pumping water onto your course. From a quick t’internat search
There is a right to natural drainage, known as the common law right to drainage, "This means that water flowing naturally across the surface of the land is permitted to flow downhill naturally onto your neighbour’s land."
But any kind of interference would mean the flow is no longer considered "natural", as the council's advice continues. "You must not channel the flow of water in such a way as to cause damage to your neighbour’s land.
We have been forced into doing a lot of costly flood mitigation work (raising fairways, digging ditches and ponds) to contain and manage the flow across the course and minimise impact on fairways. That said, we are making features of this work…might as well…and they have, and will, add to the golfing challenge. But in truth we could well have done without it.
The work we have done over the last two years on three holes has certainly helped…indeed it has largely worked…but we still need to do more work on one further hole…raising a stretch of fairway and some ‘rough’ area, and digging a ditch following the natural watercourse across the raised area to the course boundary.
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