What does Texas law say about neighbor water runoff?

Under Texas Water Code section 11.086, no one may divert or impound the natural flow of surface water in a way that damages another person’s property. Water that simply runs downhill as it always has is generally not a violation; a change that redirects or concentrates it onto you can be. Rein Irving Drainage Company explains the rules here so you can protect your yard; for a dispute, talk to an attorney.

This guide is general information, not legal advice. Every dispute turns on its own facts.

Texas Water Code 11.086 in plain terms

Section 11.086 is short. It says a person may not divert or impound the natural flow of surface waters, or permit a diversion or impounding to continue, in a way that damages someone else’s property. A person whose property is damaged by such a diversion has a claim for that damage.

A few plain-language points follow from that wording:

• Natural flow is the baseline. If your lot has always been lower, some water from the higher lot has always reached you. That alone is not a diversion.
• The change is what matters. Regrading, a new slab, a wall, a berm, a pipe that dumps at the fence line: any of these can turn spread-out sheet flow into a concentrated stream aimed at your yard.
• Damage matters too. The statute is about diversions that damage property. A wetter lawn is not the same as water entering a garage or undermining a slab.
• It works both ways. A homeowner who builds a berm or wall that pushes water back onto someone else can create the same problem.

How the section applies often depends on details such as what the natural flow was, what changed and when. That is why an attorney, not a contractor, should advise on a dispute.

How nearby cities add to the state rule

Several cities near Irving write their own drainage rules on top of state law.

More detail is on the Grand Prairie and University Park pages, and the permits guide compares the cities side by side.

Practical steps when a neighbor’s water reaches you

1. Document it

Take photos and short videos during and right after rain, showing where water crosses the line, how deep it gets and where it ends up. Note dates and rainfall. If something changed on the neighbor’s side, such as a new pad, wall, patio or downspout, photograph that too. Records made at the time are worth far more than recollections later.

2. Find the actual source

Before talking to anyone, be sure where the water comes from. A downspout aimed at the fence, a neighbor’s sprinklers running daily, or a swale that filled in on your own side can all look like “the neighbor’s water.” Our guide to fixing yard drainage problems walks through finding the source.

3. Talk to the neighbor

Many runoff problems have a cheap fix on the uphill side: turning a downspout, burying it in solid pipe to the street, or adjusting a sprinkler head. A neighbor who did not know their water was reaching you may be glad to fix it. Bring the photos and keep it specific.

4. Protect your side

While it gets sorted out, or if the water is simply natural flow from a higher lot, you can manage it on your own property without pushing it back:

• An interceptor swale along the property line, a shallow grassed channel that catches water as it arrives and carries it to the front or back of your lot. See yard grading.
• An interceptor drain, a French drain or line of catch basins along the fence, piped to your own outlet.
• Regrading near the house so the first ten feet fall away from the slab, whatever arrives at the fence.

The key is that water leaves your lot at an allowed outlet such as the street or a swale, not back across another line.

5. Get legal advice for a real dispute

If the neighbor will not act and the water is causing damage, an attorney can explain your options under section 11.086 and local rules. Your photos, dates and a written description of the drainage on your side will help.

When it is not the neighbor at all

Water rising from a creek or the Trinity is a floodplain issue, and street water running up a driveway is partly a city matter. See floodplain or drainage problem and street water flooding a driveway.

Next step

If water is coming over the fence, send photos and your address. We can lay out an interceptor swale or drain on your side that carries the water to a proper outlet, or try the drainage assessment first.

Questions people ask

My neighbor built a new house on a raised pad and now my yard floods. Is that allowed?

Raising a lot is not unlawful by itself, but if it diverts or concentrates surface water onto your property and causes damage, Texas Water Code section 11.086 may apply. Some cities also review drainage for new houses. An attorney can tell you where your situation stands.

Can I build a berm to keep my neighbor's water out?

A berm that blocks natural flow can push water back onto the neighbor or onto another lot, which can create the same legal problem in reverse. A swale or drain that carries the water along your side to a proper outlet is usually the safer choice.

Does the city enforce runoff disputes between neighbors?

It depends on the city. Grand Prairie and University Park have their own drainage rules, while Fort Worth treats lot-to-lot drainage as a private matter. Under state law, a damaged owner's remedy is generally a civil claim.