Liability of Highway Departments for Damages Caused by Stormwater Runoff

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 40: Liability of Highway Departments for Damages Caused by Stormwater Runoff describes various approaches state DOTs have used in dealing with stormwater problems. The report also analyzes which states follow which rules.

It should provide a useful reference for attorneys, risk managers, and engineers. The paper is organized as follows:
Introduction;
(I) Common Law Rules Governing Liability for Surface Water Runoff;
(II) Liability Rule in Each State for Stormwater Runoff Claims;
(III) States Following the Common Enemy Rule;
(IV) States Following the Civil Law Rule;
(V) States Following the Rule of Reasonable Use;
(VI) Claims Arising out of Surface Water Runoff into Federal or State Protected Wetlands or into Streams or Rivers;
(VII) Measures Adopted by the States to Mitigate or Reduce Claims for Stormwater Runoff; and
Conclusions.