HERRIMAN — Last March, Andrew Berg's new home in Herriman became a soggy mess, as water poured into his basement.
The water intrusion didn't originate on Berg's property. According to a report from Herriman city officials, it cascaded in from the property under construction behind his home, which sits at a higher elevation. "Utah subscribes to the reasonable use theory, which holds that any landowner has the right to make reasonable use of their property, including to divert the natural flow or interrupt the natural flow of surface water on their property onto somebody else's, as long as it was not intentional and unreasonable, or negligent or reckless," Oviatt explained.
Andrew Berg says his Herriman home experienced flooding in the basement due to water coming from a neighboring property. "This particular case would be a private, civil matter because it is private property draining off onto private property," LaFollette said. "That's something the city typically steps away from."