Ohio's Drainage Laws An Overview
Bulletin 822

Courtesy of:
Ohio State University Law

Agricultural producers and landowners in humid areas like Ohio are concerned with the need to dispose of excess water. For agricultural producers, excess water can mean delayed planting, spring flooding and replanting, delayed cultivations, soil compaction and delayed harvesting. About 57 percent of Ohio's cropland acres are naturally poorly drained. According to the 1987 National Resources Inventory (USDA-SCS, 1989), Ohio has about 12.5 million acres of cropland. Approximately 50 percent of these acres have received drainage improvement, but another 3.5 million acres need improved drainage. In contrast, nearly all urban areas require stormwater management. For the private landowner in rural and urban areas, excess water can mean damage to the landscape, mudslides, basement and property flooding, and, in some cases, extensive damage to or loss of the dwelling.

Competition for various uses of Ohio's water resources has grown in recent years, as was seen during the 1988 drought. However, 1990 was the wettest year in 108 years of records, with more than 51 inches of precipitation. Therefore, after a series of "dry" years, the wet springs of 1989 and 1990 have again drawn much attention to the need for Ohio landowners to better understand their rights to dispose of or drain excess water. The disposal of excess water continues to be very important from an economic standpoint. Public awareness of the importance of excess water disposal and the environmental consequences is rapidly increasing. Water rights laws as they relate to the disposal of excess water in the rural and urban areas of Ohio are very complex. The existing laws have been under development for a long period of time and will continue to be reviewed and updated.

This publication presents a brief overview of the rights of Ohio landowners to dispose of excess water and the legal mechanisms by which to do so. Some interesting Ohio decisions and opinions written since the mid-1950s are included. Major references are Callahan (1979), Nolte (1985a), the Ohio Revised Code (ORC), and Wright et al. (1985). This publication is intended to provide the reader with insight into how water rights problems related to drainage are addressed in Ohio. It is not intended to provide strict legal interpretation. Note: Legal citations are italicized and footnoted in the text. Footnotes are presented on page 14.