A lower landowner over whose land a draw or drainway exists must receive in the drainway only such surface waters from the tributary watershed as are accustomed to come in a state of nature, whether or not unprecedented in amount. However, the waters of a natural pond or slough collected and impounded from surface waters running down the watershed after the winter snows or spring or other rains, and which waters remain there for evaporation or seepage in the soil, become waters of a pond and lose their characteristics as surface waters.

Ponded waters may not be drained by artificial means to the injury of a lower landowner. Likewise, surface waters that would otherwise have been impounded by a natural reservoir may not be enabled to flow by artificial means to the injury of a lower landowner.

Without fault, ponded waters or surface waters which would otherwise have been impounded may be drained artificially, or enabled to flow, only into an established watercourse and only in a reasonable manner. Whether the drainage was done in a reasonable manner is for you to determine. You should consider such factors as the amount of harm caused, the foreseeability of the harm, the purpose or motive of the person in draining the waters, the capacity of the established watercourse, and all other relevant factors. If you find the release of those waters is unreasonable considering the relevant factors, the one who releases those waters is at fault.