Today I learned perhaps my favorite and the funniest legal doctrine of my studies so far, the Doctrine of Damnum Absque Injuria. As it regards to property, the doctrine of Damnum Absque Injuria describes the legal remedy of an adjacent property owner when his neighbor makes use of underground percolating water to his detriment. Literally translated, Damnum Absque Injuria means "too damn bad" and there is no remedy for the neighbor at common law.
Not surprisingly, this doctrine is no longer good law and has been replaced with a test that requires property owners to only make reasonable withdrawals of underground percolating water. You may be asking why I keep using the word percolating. Obviously it is to differentiate the difference between riparian water rights and standing water rights. Obviously.
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