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Show 652 GROUND WATER RIGHTS clearly was to include, so far as legally possible, all waters, whether above or in the ground, and whether flowing or not.181 Washington There is no statutory law defining rights to the use of percolating ground water in Washington. The Washington ground water appropriation law182 applies to "waters of underground streams or channels, artesian basins, underground reservoirs, lakes or basins, whose existence or whose boundaries may be reasonably established or ascertained."183 All ground waters are presumed to be percolating. It appears that percolating ground waters may not be subject to the statute. The Washington Supreme Court has adopted what it refers to as a correlative rights doctrine, but which is essentially the American rule of reasonable use.184 This was later recognized in Evans v. Seattle,,18S wherein the court reaffirmed the rule but expressly rejected the California doctrine of correlative rights. Wyoming In an early Wyoming case, it was held that percolating waters were owned by the owner of the land and hence were not public waters subject to appropriation.186 This decision did not, however, elaborate on whether the English rule or American rule of ownership prevailed. This holding was later reaffirmed in a case in which the court held that waste and seepage waters were percolating waters and part of the soil.187 The court indicated, without deciding, that these waters could not be transported for use on lands other than those upon which they were found. This dictum strongly suggests the American rule. Wyoming subsequently adopted a system of prior appropriation that applies to all ground water, including percolating ground water.188 In order to protect his vested rights, anyone claiming such a right acquired before April 1, 1947, must have filed a statement thereof with the State Engineer on or before December 31, 1957. Anyone claiming such a right acquired on or after April 1, 1947, must have registered his well with the State Engineer before the effective date of this act.189 181 However, the court stated that certain percolating waters near the surface are excepted. 182Wash. Rev. Code § 90.44.010 et seq. (Supp. 1961). lS3Id. § 90.44.035. 1MPatrick v. Smith, 75 Wash. 407, 134 Pac. 1076 (1913). 18sEvans v. Seattle, 182 Wash. 450, 47 Pac. (2d) 984 (1935). 186Hunt v. Laramie, 26 Wyo. 160,181 Pac. 137 (1919). 181Binning v. Miller, 55 Wyo. 451, 102 Pac. (2d) 54 (1940). 188Wyo. Stat. Ann. § 41-121 et seq. (1957). 189 Wyo. Stat. Ann. § 41-122 (Supp. 1969). |
