Rose, J.
Plaintiff and defendants own adjoining properties at the base of a large hill. When defendants constructed a pond on the lower portion of the hill behind their home to collect surface water and control the flow of the water on their land, they channeled the pond's overflow into a swale that was created to direct the water westerly into an existing swale at the base of the hill on plaintiff's land. Later, plaintiff constructed a home approximately 100 feet...
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