CHAPTER 564

S.P. 271 - L.D. 816

An Act To Replace the Common Enemy Rule with

Regard to Changing the Flow of Surface Water

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17 MRSA §2808 is enacted to read:

§2808.__Alteration of surface water flow

Unreasonable use of land that results in altered flow of surface water that unreasonably injures another's land or that unreasonably interferes with the reasonable use of another's land is a nuisance.

An action under this section must be commenced within 3 years after the cause of action accrues.

Sec. 2. Application. This Act applies to causes of action accruing on or after the effective date of this Act.

Sec. 3. Effective date. This Act takes effect January 1, 2007.

Effective April 11, 2006.