5-1-12: NUISANCE CONDITIONS:
This chapter shall not be construed as authorizing any person to maintain a private or public nuisance upon his property, or to perform any act which the statutes or case law of the state would not permit regarding drainage and waterways, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance or involving water rights. (1977 Code § 6-1-16)