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Show 658 RHODE ISLAND ment in the above manner, the owner of a dam may also acquire an easement to overflow lands of others by a prescriptive use.74 With respect to the operation of a dam once it is constructed, there is statutory limitation imposed on the period of storage: No person owning any dam on any river or stream of water shall detain the natural stream thereof, at any one (1) time, more than twelve (12) hours out of twenty-four (24) hours, except on Sundays, whenever he shall be re- quested by the owner of any dam within one (1) mile below on the same stream to suffer the said natural run of said river or stream to pass his said dam.75 As a related matter, the owner of land abutting on an artificial pond may enjoy riparian rights to use the water but cannot require that the water be maintained for his benefit,76 and in the absence of a statutory provision prohibiting removal or abandonment, the owner of a dam is under no legal obligation to keep a dam in opera- tion for the benefit of others.77 Although the owner of a dam is not normally under a legal obli- gation to maintain and operate a dam for the benefit of either upper or lower riparian users, when he operates a dam to store water and regulate the natural flow for his own use and benefit, all riparian owners are entitled to share in these benefits.78 The right of other riparian owners to share in this benefit is termed a free-loader's right, and under this principle a riparian owner cannot be excluded from the benefits of detaining waters or the alteration of the nat- ural flow by another even though he has not contributed to the con- struction or maintenance of the dam.79 The director of natural resources is responsible for the periodic inspection of all dams and reservoirs in the State and he may re- quire that the structure be repaired if he determines that it is un- safe.80 3.6 Springs If a spring forms a part of a watercourse which leaves the lands upon which the spring arises, rights to use the water are governed by the doctrine of reasonable use applicable to such watercourses.81 However, it would seem that if the spring does not leave the land upon which it originates, then the owner of the land is entitled to use the water supply. 3.7 Diffused Surface Waters Diffused surface water is generally considered to be water which spreads over the surface of the earth from rain or melting snow and which does not form a part of a watercourse. The cases which have arisen in Khode Island concerning diffused surface water have re- "Hood v. Slefkin, 88 R.I. 178, 143 A. 2d 683 (1958). 76 Sec. 46-18-16. 78 Hood v. Slejkin, 88 K.I. 178, 143 A. 2d 683 (1958) ; but see earlier case -where court took opposite view, Public Utilities Commission v. East Providence Water Co., 48 R.I. 376, 136 Atl. 447 (1927). 77 Powers v. Lawson, 86 R.I. 441, 136 A. 2d 613 (1957). ™Dyer v. Cranston Print Works Co., 22 R.I. 506, 48 Atl. 791 (1901). nDyer v. Cranston Print Works Co., 22 R.I. 506, 48 Atl. 791 (1901) ; Lonsdale Co. r. City of Woonsocket, 25 R.I. 428, 56 Atl. 448 (1903). «°Chap. 46-19. u-Howe v. Norman, 13 R.I. 488 (1882). |