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Show Chapter 21. MASSACHUSETTS CONTENTS Page 1. Development of Massachusetts Water Law---------------------------------- 383 2. State Organizational Structure for Water Administration and Control. _ 383 2.1 Administration of Water Rights________________________ 383 2.2 Resolution of Water Use Conflicts______________________ 384 2.3 Other Agencies Having Water Resource Responsibilities----- 384 3. Surface Waters_____________________________________________ 387 3.1 Method of Acquiring Rights___________________________ 387 3.2 Nature and Limit of Rights___________________________ 388 3.3 Changes, Sales, and Transfers_________________________ 389 3.4 Loss of Rights______________________________________ 390 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 390 3.6 Springs......_______________________________________ 391 3.7 Diffused Surface Waters______________________________ 391 4. Ground Water______________________________________________ 391 Publications Available__________________________________________ 392 DISCUSSION 1. Development of Massachusetts Water Law Massachusetts is located in a humid region of the United States and normally receives abundant precipitation. Because of the general availability of water to supply existing needs and uses, there has been very little legislative concern over the control and administra- tion of water and water rights. The development of the State's water law has been through the courts in private litigation. Relatively few conflicts have arisen concerning the use of water, and thus there is no extensive or well-defined body of case law dealing with water rights. However, when disputes have arisen, the Massa- chusetts court has applied the reasonable use doctrine of riparian rights as the basic water law of the State. One rather unique feature of Massachusetts water law relates to the public ownership of what are called the "great ponds" of the State. The genesis of the great pond concept was the Massachusetts Bay Colony Ordinance of 1649, which provided that the public had fishing and fowling rights in any pond that covered 10 or more acres of land in its natural condition. The use of great ponds has since been expanded to include any public use. Tide waters and waters of navigable streams are also subject to public ownership and use. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Bights Massachusetts has no State administrative control over the acquisi- tion, distribution or transfer of water rights. Because of the private nature of the riparian right, under the riparian rights doctrine, the definition of each individual's water right is a matter of judicial deci- 383 |
