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I I 'I ,I I I I I I I I I !I I 'I I I I 'Iii projects on a nationwide scale. The National Association of Flood Management Agencies (Washington, D.C.) is very active in proposing and promoting needed legis- lation and federal financing programs as a Congressional lobbying organization. The Association activities and staff are supported by many urban governments and public agencies that have volunteered financing and personal assistance as a means of attracting the attention of Congress to their needs, especially in flood control. Legal Issues Complaints and litigation in stormwater matters usual1y arise between land de- velopers, public agencies and individuals because of "changes" from historical con- ditions perceived by the parties involved. These changes often relate to physical matters such as modification of natural drainage flows, increased flood stages and damages, disturbance of surface soils and ground cover, erosion, sedimentation, pollution of water bodies or property, personal injuries and loss of life. Inter- ference with the highest and best use of land, alleged changes in property values, and confiscation of land without just compensation are common subjects of contro- versy and litigation. Basically, there is a set of laws for each of the following: diffused surface waters, channelized flows, and percolating waters. The body of law in the humid East differs with that of the arid West. Although three types of drainage law are recognized in the United States, the one embraced most by the courts in recent years is the "Doctrine of Reasonableness". This doctrine is the middle road be- tween Civil Law and Common Enemy Law. Definitions of each type of drainage law are given in Chapter 5, under the section "Legal Issues". In a 1956 decision, a justice of the New Jersey Supreme Court said, in part: "The rule of reasonableness has the particular virtue of flexibility. The issue of reasonableness or unreason- ableness becomes a question of fact to be determined in each case upon considera- tion of all the relevant circumstances including such factors as the amount of harm caused, the foreseeability of the harm which results, the purp(se or motive with which the possessor acted, and all other relevant matter....". 2) As a means of minimizing complaints and litigation, actions taken to improve the quality of life--by reducing or eliminating flooding, providing drainage facil- ities, shaping land surfaces, etc.--should be tempered with good judgement and reasonableness. The courts today appear to view "reasonableness" as a satisfactory compromise between those who make land changes and improvements and others who wish to maintain a status-quo. Financing Local governments and other public agencies have available several means of financing that cannot be used by private organizations or individuals, and they have greater flexibility. But most often, state law imposes various limitations and constraints on implementing these financing procedures. The most vexing of these to public officials are the approvals required of the residents, property owners and qualified voters. Such approvals may be expressed in the form of refer- endums on proposed capital improvements, consent of property owners within a pro- posed special assessment district, and statements voiced by local citizens at pub- lic hearings. Most often, the general public presents opposition to projects or programs that result in tax bills, increases in the ad valorem tax rates or other special outlay of funds. Therefore, although many avenues for securing public funds are available, developing successful public financing programs demands thorough study of needs and costs, careful financial planning, public information programs, and fastidious and timely approaches for securing public support and approvals. 11