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Show MARYLAND 379 for abandonment of water rights acquired under the permit system but the Department is instructed to correct permits where the total quantity of water is not needed or used, and such correction would thus result in the reduction or "loss" of the right to use such waters.37 Thus, if water use under a permit was completely and totally discon- tinued, and if the permit were corrected to reflect that fact, the cor- rected permit would show that there was no water right at all. The statutes provide for time limits in which construction must be started and use made of the water under permits, and though it is not ex- pressly so stated, the rights under the permits are probably lost by failure to comply with the time limits.38 The Department also has the power to use injunctions to compel compliance with the permit sys- tem, and this would seem to include the power to enjoin any use of water not in compliance with the conditions of a permit (which would amount to a loss of the rights under the permit.) 39 3.5 Storage Waters, Artificial Lakes, and Ponds The storage or detention of waters in a natural watercourse, as well as the construction of dams or artificial reservoirs, are covered by the permit system, and a permit must be obtained from the Department of Water Resources prior to any such use or construction.40 A permit is also necessary in order to repair or reconstruct an existing reser- voir, dam, or waterway obstruction 41 and the Department may order any dam, reservoir, or waterway obstruction to be repaired or re- moved if it determines the structure to be unsafe.42 Farm ponds meeting certain requirements and other limited projects are exempted from the requirements of the permit system.43 3.6 Springs The use of spring waters and the construction of any facility to appropriate spring waters are covered by the permit system dis- cussed in the preceding sections. The permit system does not cover disputes between riparians over use of spring waters, nor does it cover interference with the sources of springs by adjoining land- owners. However, there have been a few cases in Maryland dealing with springs, and it seems clear that spring waters that flow into a surface watercourse are subject to the riparian doctrine and that the owner of lands upon which a spring originates is only allowed to make a reasonable use of those waters-and cannot divert them for use on nonriparian lands.44 There apparently are no such limitations if the waters from the springs do not leave the lands upon which they orig- inate. It also appears that a party is not liable for interfering with ground waters supplying a spring unless such water was accustomed to flow in a defined channel or in a uniform direction.45 « Sec. 18A. « Sec. 18. 8» Sec. 20. *» Sees. 11 and 12. « Sec. 12. *• Sec. IT. « Sec. 12. ** Kelly v. Nagle, 150 Md. 125,132 Atl. 587 (1926). « Western Md. R. Co. v. Martin, 110 Md. 554, 73 Atl. 267 (1909). |