I DO NOT practice in this aree of the law and am unfamiliar with states other then Indiana, but still based on my experience as an attorney and ESPECIALLY with getting a Judge to impose much of a duty on a municipality
GOOD LUCK GETTING A JUDGE TO MAKE THE TOWN DO ANYTHINGGGGGGGGGG and thats still at your expense and peril in trying
Even if its not a natural waterway its a waterway now and once water flows where it will from acts of God and/or gravity the Court will likely be reluctant to impose any new duties at this time
Thats JUST AN EDUCATED GUESS not a professional legal opinion as Ive done NO research nor familair with allllll the facts
As always, I still wish you good luck in protecting your or anyones property rights
John T Only a semi retired Country Lawyer so as always NO WARRANTY
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