The owner of a tenement on which there are defensive works to check waters, or on which, by the variation of their course, it may be necessary to reconstruct them anew, is bound, at his option, either to make the necessary repairs or constructions, or to permit that, without damage to him, the owners of the tenements who suffer or are clearly exposed to suffer damages, should make such works.
History —Civil Code, 1930, § 354.