Surface Water Rights
Under common law water was viewed as a common
enemy and the rule was that land owners were obliged to do what ever it took to protect their lands from water problems regardless of the impact on their neighbor. Some states adhere to that, but most have at least modified the common enemy doctrine such that landowners should at least try to redirect the water in such a way so as to not harm their neighbors. By comparison, Florida and others take the additional step imposing an affirmative duty on land owners to make sure that water redirected from their property does not harm their neighbors. You can't simply redirect water away from your property and assume that you haven't created a nuisance for your neighbor, you have to look and make sure that your actions haven't harmed your neighbor.
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