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Show CALIFORNIA 149 When water flows from a spring into a watercourse it is treated as if it were a tributary of the watercourse. It follows that rights to use the waters of a spring are riparian in nature and are held in common with riparian rights downstream.193 These rights are subject to the same limitations which apply to riparian rights in watercourses and are superior to appropriative rights downstream.194 3.7 Diffused Surface Waters a. DEFINED Diffused surface waters are waters scattered over the surface of land, generally originating from rain and melting snow, which are not within any natural channel, and which remain as diffused waters until they gather into a natural channel forming stream waters.195 These waters are distinguished from flood waters which are waters originating in a watercourse but escaping therefrom during abnormal conditions.196 b. RIGHT TO DRAINAGE The owner of higher land has a right to have the natural flow of any diffused water pass to lower land of a neighboring proprie- tor,197 but an upper proprietor may not induce flow by any arti- ficial means.198 This right may be acquired by prescription, however, the form being an easement by prescription.199 In a recent decision, the California Supreme Court has adopted a rule of "reasonable conduct" for upper and lower proprietors.200 This covers both the actions of the upper proprietor causing drainage to the lower land and to the lower proprietor blocking drainage from the upper land. C. RIGHTS OP USE There is little case law in California concerning the right to use diffused waters. Hutchins implies that such waters may be subject to appropriation.201 In at least one case, a court has recognized the right of a landowner to impound diffused surface water over the objections of downstream riparians.202 4. Ground Water a. nature and limitation op rights to underground water (1) Definitions In California, ground water is generally called underground water and is divided into three classes: (a) the underflow of surface streams; (b) definite underground streams; and (c) percolating "a Gutierrez v. Wege, 145 C. 730, 79 P. 449 (1905). w* Holmes V. Nay, 186 C. 231, 199 P. 235 (1921). 195 See Everett v. Davis, v8 C. 2d 389, 393, 115 P. 2d 821 (1941). See generally, note, The Ownership of Diffused Surface Waters in the West, 20 Stan. L. Rev. 1204 (1968). i" Hutchins, pp. 371-372. wHeier v. Krull, 160 C. 441, 444, 117 P. 530 (1911) ; Sanquinetti v. Pock, 136 C. 466, 469, 69 P. 98 (1902). lfls San Gabriel Valley Country Club v. County of Los Angeles, 182 C. 392, 398, 188 P. 554 (1920). ™ Hails v. Martz, 28 C. 2d 775, 778. 172 P. 2d 52 (1946). ™>Keys v. Romley, 64 C. 2d 396, 412 P. 2d 529 (1966). 801 Hutchins, p. 382. See also Rogers and Nichols, sec. 281, p. 393. *»Id. |