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Show ARTESIAN WATERS 655 A well through which water flows to the surface of the ground or to any porous substratum by natural pressure and is not capped, cased, equipped, or furnished with such control facilities as will readily and effectively arrest and prevent waste or unnecessary flow of any water from the well is declared to be a common nuisance. The owner, tenant, or occupant of the land upon which such a well is situated, or any person in charge of such a well, who causes, suffers, or permits such common nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor. Idaho Neither case law nor statute law makes artesian characteristics a factor in determining rights to use ground water in Idaho. However, chapter 16 of the Code regulates waste or uncontrolled flow from artesian wells.211 An artesian well not capped or equipped with a device approved by the Commissioner of Reclamation to control its flow is a common nuisance.212 It is unlawful for any owner, tenant, or occupant of the land to permit such a common nuisance or to permit the unnecessary flow and waste of artesian waters.213 Kansas The regulation of artesian waters is statutory in Kansas. Anyone complying with the irrigation district act214 and applying water obtained from an artesian well to beneficial uses shall be deemed to have appropriated such as of the day of the commencement of the works, unless the work was not completed diligently, in which case it is the date of first application of the water.215 An act regulating artesian wells defines an artesian well as a well sunk to an artesian stratum over 400 feet deep from which water is raised to or above the surface of the earth by artificial means.216 An artesian well that is not capped or fixed with a device to readily prevent the flow of water from such well is a public nuisance, and the person who permits such nuisance is guilty of a misdemeanor.217 Any person who permits water from such a well to flow or waste unnecessarily is also guilty of a misdemeanor.218 Water may not be transported from an artesian well for a distance of: (1) more than 1H miles through an earth ditch, or (2) 2Vi miles through a concrete ditch, and (3) in "'Idaho Code Ann. § § 42-1601 to -1605 (1948). 212 Id. § 42-1601. 213Id. § 42-1602. 214Kans. Stat. Ann. § 42-302 et seq. (1964). 2iSId. § 42-307. 216Id. § 42-401. 211 Id. § 42-402. 21iId. § 42-404. |
