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neighbor's pond causing damage to my property

My neighbor has a pond ayear or so ago they had the over flow pipe replaced and the Dam seeded with a emergency relief aprox 50'to75' away from the over flow pipe. The problem is the water almost always goes to the emergency relief this water runs across my property causing a washout over time it has gotten worse to the point of a large tree fell in the last storm on the way down took out two more trees. The soil around the base of the first downed tree was washed out it is in the path of the neighbors emergency relief. there is a creek along my property I have aprox 2 acres , neighbors pond it aprox 1/2 to 1 acre. My question is simply who is responsiable for the damage my neighbor's pond is causing to my property. At this point I have to cut tree's up rent a chipper with many hours of time. If nothing is done I will have a big problem. My neighbors do know about the eroding of my property but ignore the problem. with the recent damage done I have to do something. It is my understanding that the pond owner is responsiable for water damage down stream from pond. there is usually water always running in creek but slow ,only during storms does the water from emergency relief run across my property and cause erosion damage. Thank You for your time Tom

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