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Show 506 NEW JERSEY construction plans.101 Any reservoir or dam which creates a surface area of less than one hundred acres and which raises the water less than 8 feet above the surface of the ground does not have to be approved by the council unless a complaint in writing raises a ques- tion as to the security and safety of the structure.102 The council is also to inspect existing dams and reservoirs in the State.103 If the council determines that a dam or reservoir may be un- safe so as to endanger life or property, it may order the water released and the structure repaired.104 If the owner or person having control of the dam fails to comply with the order with reasonable expedience, the council may direct the attorney general to bring an action in a court of competent jurisdiction to enforce its order.105 Whenever a reservoir or dam has been in existence 20 years or more and the shores above such dam or reservoir have become populated, or the owners of land along the shores have made per- manent improvements, a majority of the landowners along the shore may file a petition with the water policy and supply council protest- ing the removal of the water impounded by the dam or reservoir. When such a petition has been filed with the council, the owner of the dam or reservoir may not destroy or abandon the structure, or draw the water down below the usual low watermark, except for necessary repairs, without the consent of the council.106 The council, after a public hearing, is to establish a permanent low watermark for the reservoir. If the council finds that the circumstances warrant, it may also require the interested landowners around the reservoir to pay part or all of the expenses for the maintenance of the dam or reservoir.107 3.6 Springs Most of the cases in New Jersey dealing with springs have been concerned with the interference of the subterranean sources of a spring rather than the right to use the waters of a spring.108 The cases dealing with interference with the subterranean sources of a stream are discussed in section 4, infra. If the waters of a spring flow into and form a source of a stream or watercourse, they become part of the watercourse and the owner of the lands upon which the spring arises is subject to the same limitations as the other riparian owners on the watercourse. How- ever, if the spring remains on the land upon which it arises, it would seem that the owner of the land may use it as he sees fit.109 3.7 Diffused Surface Waters Diffused surface waters are generally made up from rain or melt- ing snow which follow no defined channel or course, but are diffused over the ground.110 101 Sec. 58 :4-2. 102 Sec. 58:4-1. lfl3 Sec. 58 :4-4. 10* Sec.58 :4-5. 105 Sec. 58:4-6. 106 Sec. 58:4-9. iwgec. 58:4-10. 108 Harper, Hollingaworth & Darby Co. v. Mountain Water Co., 65 N.J. Eq. 479, 56 Atl. 297 (1903) ; Meeker v. City of East Orange, 77 N.J.L. 623, 74 Atl. 379 (1909). 108 Nathanson v. Wagner, 118 N.J. Eq. 390, 179 Atl. 466 (1935). "° Id. |
