The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Ashley E. Menou.
DIGEST
SB 9 Original 2017 Regular Session Allain
Present law provides that an estate situated below is bound to receive the surface waters that flow
naturally from an estate situated above, unless an act of man has created the flow.
Proposed law provides that an estate situated below is the servient estate and is bound to receive the
surface waters that flow naturally from a dominant estate situated above, unless an act of man has
created the flow.
Present law provides that the owner of the servient estate may not do anything to prevent the flow
of the water. Present law further provides that the owner of the dominant estate may not do anything
to render the servitude more burdensome.
Proposed law provides that the owner of the servient estate situated below may not do anything to
prevent the flow of the water. Proposed law further provides that the owner of the dominant estate
situated above may not do anything to render the servitude more burdensome.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 655 and 656)