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Show 358 LOUISIANA eluding claims by "interdicts, married women, absentees, minors, and all others now excepted by law." 3.5 Storage Waters, Artificial Lakes, and Ponds In the main, storage projects are constructed and operated by special purpose corporations and districts authorized to develop, conserve, manage, and distribute water resources within their bound- aries, although they commonly are authorized to sell and distribute water beyond their boundaries. These districts and the statutes under which they operate are discussed in section 2.3.b, supra. Sometimes diffused surface waters are impounded, not so much for storage and use as for the purpose of changing or altering natural drainage patterns. The liabilities and consequences attending these activities are discussed in section 3.7, infra. 3.6 /Springs Since springs are supplied by underground water, and since Louisiana does not seem to distinguish between underground streams and percolating ground water, it might seem that Adams v. Grigsby 55 confers upon the person whose land the spring arises an absolute right to capture and use the water. In that case the court said that neither article 660 (defined surface water) nor article 661 (riparian rights) conferred any rights of ownership in subterranean waters, because such water was a fugitive substance which was subject to ownership only when captured. But this probably would not be true when waters from a spring- form a surface channel and flow from the land of origin onto other lands. In such a situation it would seem that the flow would con- stitute "running water" within the purview of article 661: He whose estate borders on running water, may use it as it runs, for the purpose of watering his estate, or for other purposes. He through whose estate water runs whether it originates there or passes from lands above, may make use of it, while it runs over his lands; but he can not stop or give it another direction, and is bound to return it to its ordinary channel, where it leaves his estate. The Civil Code clearly indicates that springs may be subject to servi- tudes. Section 1 of Chapter 4 recites different kinds of conventional or voluntary servitudes, including the following: Art. 720.-The right of drawing water is a servitude by which one suffers his neighbor to draw water from the well or spring he has on his land; the use of this servitude is confined to those who live in the house of the person enjoying the servitude, unless the contrary be expressed in the title. Art. 723.-The right of drawing water from the spring of another is also a servitude. Art 725.-The right of watering one's animals at the pond or spring of another, is also a servitude. The reach and impact of these articles are not entirely clear, but it probably is safe to conclude that a landowner may capture and use water from a spring which originates on his land if it does not naturally flow to other lands; but if it forms a natural channel and 65 152 So. 2d 619 (La. app. 2d Cir. 1963), writs den., 244 La. 662, 153 So. 2d 880 (1963). |
