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Show 366 MAINE dams which are going to be used to generate power must be filed with the commission, as are plans for the construction or improvement of water supply systems.27 Cities and towns in Maine are authorized to construct, own, and operate water supply systems and are empowered to acquire water rights through purchase or condemnation.28 In addition, the following local public agencies are involved in water supply and water quality control: (1) Water districts.29 (2) Sanitary districts.30 (3) Soil conservation districts.31 3. Surface Waters Surface waters of a watercouse are those which flow in a channel with a well-defined bed and bank, with the water flowing in a par- ticular direction and usually discharging itself into some other body or stream of water. It has been said that the flow need not be contin- uous, but must have substantial existence.32 3.1 Method of Acquiring Bights A riparian water right arises by virtue of the ownership of land which is riparian to the watercourse, which is to say that it arises as an incident of the ownership of land adjacent to a pond, lake, or stream.33 The riparian right does not constitute ownership of the water itself, but, rather, is characterized as a usufructuary right, or, the right to use the water as it flows by the riparian property.34 Riparian rights can also be acquired through purchase of the water right independent of the land itself.35 It is also possible to have an involuntary transfer of the riparian right through doctrines of pre- scription and adverse use.36 In addition, riparian water rights can be acquired through the process of eminent domain, when the use is for a public purpose, such as a municipal water supply.37 3.2 Nature and Limit of Bights Each riparian owner is entitled to make a reasonable use of the water in the stream: Every proprietor of lands on the banks of a river, has naturally an equal right to the use of the water which flows in the stream adjacent to his land, without dimunition or aleration. No proprietor has the right to use the water to the prejudice of the proprietors above or below him, unless he has a prior 27 35 M.R.S.A., sees. 11 to 13. 88 30 M.R.S.A., sec. 1907 ; Water District v. Maine Turnpike Authority, 145. Maine 35, 71 A 2d 520 (1950) ; Kinneounk et al., Water Dist. v. Maine Turnpike, 147 Me. 149, 84 A 2d 433 (1951). 29 35 M.R.S.A., sees. 3201 et. seq. 30 38 M.R.S.A., sees. 1061 et. seq. 8112 M.S.R.A., sees. 1 et. seq. 32 Morrison v. Bucksport & Bangor R.R. Co., 67 Me. 353 (1877). MLocktoood Co. v. Lawrence, 77 Me. 297 (1885) ; Warren v. Westorook Mfg. Co., 86 Me. 32, 29 Atl. 927 (1893). ^ Davis v. Getchell, 50 Me. 602 (1893). 88 Water District v. Maine Turnpike Authority, 145 Maine 35, 71A, 2d 520 (1950). MLocktcood Co. v. Lawrence, 77 Maine 297 (1885) ; Crosoy v. Bessey, 49 Maine 539 (I860). f Water District v. Maine Turnpike Authority, 145 Maine 35, 71 A. 2d 520 (1950) ; Kmnehunk et al. Water Dist. v. Maine Turnpike, 147 Maine 149, 84 A. 2d 433 (1951). |
