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Show 298 INDIANA The inaction of a riparian owner in protecting his right may result in having his right limited by the doctrine of estoppel, if the facts justify the application of the doctrine.56 3.5 Storage Waters, Artificial Lakes, and Ponds A riparian owner is entitled to store water to enhance his use so long as he does not materially interfere with the reasonable use of the water by other riparian owners.57 However, a person must obtain approval from the Flood Control Commission before he builds a dam or other facility in order to detain or store the water.58 In order to encourage persons to build reservoirs, the statutes provide that those who build the reservoirs and store the water have the exclusive right to use the resulting increased flow at all times and that other riparian owners on the watercourse have no rights in such increased flow.59 A person cannot construct a dam across a stream or otherwise obstruct it so as to cause it to overflow and damage the lands of other riparian owners on the watercourse.60 A person who obstructs the flow of water in a watercourse may also be liable to an upper riparian owner if such obstruction prevents the land of the upper owner from being drained as it would under normal conditions.61 In one situation, the court concluded that overflowing the lands of others for even 1 hour was an actionable wrong.62 The court has also said that a person who obstructs a stream is liable if the flooding of another's land happens during an ordinary period of high water 63 and that the person obstructing the watercourse must anticipate the effects of the clearing of lands and the construction of artificial drainage by others and make provision to accommodate this addi- tional runoff.64 The Flood Control and Water Resources Commission has author- ity to regulate the maintenance of dams and other obstructions, and the Commission is to inspect each dam or other facility at least once a year to insure that they are maintained in a safe manner. If the Commission determines that a water storage facility is unsafe and dangerous to life and property, it may order the owner of the struc- ture to alter, repair, or reconstruct the facility to make if safe.65 If the owners do not repair the facilities as ordered by the Commission, they may be subjected to criminal sanctions.66 However, dams built for the sole purposes of erosion control, watering livestock, recrea- tion, or providing a refuge for fish and wildlife, and draining not more than one square mile and not exceeding 20 feet in height or impounding not more than 100 acre-feet of water are exempted from ™City of Loqanfiport v. Uhl et ah, 99 Ind. 531 (1884). 57 Sec. 27-1408(2): and Valparaiso City Water Co. v. Diclcover, 17 Indiana, app. 233. 46 N.E. 591 (1897). ™ See. 27-1403(2). 59 Sec. 27-1403(3). «°Cory v. Silcox, 6 Ind. 39 (1854). 81 anynn v. Wabash Water & Light Co., 181 Ind. 486, 104 N.E. 849 (1914). 62 Com v. Silcox. 6 Ind. 39 (1854). ™Guynn v. Wabash Water & Lioht Co.. 181 Ind. 486. 104 N.E. 849 (1914). MZo11man v. Baltimore <€ O. SW. B. Co., 70 Ind., app. 395, 121 N.E. 135 (1918). 85 Sees. 37-1803 and 37-1804. m Sec. 27-1806. |
