| OCR Text |
Show Chapter 19 GROUND WATER RIGHTS By William M. Champion * CLASSIFICATION Although geologists may not be in complete accord, the law has traditionally treated all waters appearing beneath the surface of the earth as ground waters. This arbitrary dividing line between surface and ground waters is neither readily discernable nor universally recognized in classifications such as underflow of surface streams, seepage, or waters occurring at or near a spring and forming a part thereof. Ground water is broadly divided into: (1) definite underground streams, and (2) percolating waters. This classification has been important in applying statutory procedures and in ascertaining rights to withdraw waters in the absence of applicable statutes. However, several States have eliminated such categorizations with respect to their current procedures for appropriation of water, subject necessarily to vested rights. The water appropriation statutes of some States have purported to subject both surface and ground water sources to appropriation. States that provide for the appropriation of both surface and ground water sources, without distinguishing between percolating waters, underground streams, or other ground waters, include Alaska,1 Kansas,2 Nevada,3 North Dakota,4 and Oregon.5 A number of these States also have provisions specifically providing for the appropriation of ground water sources, again without distinguishing between percolating waters and underground streams. These include Kansas,6 Nevada,7 and Oregon.8 ?Professor of Law, The University of Mississippi; B.S. 1953, Mississippi State University, LL.B. 1961, The University of Mississippi, LL.M. 1962, The George Washington University; member of the Mississippi Bar; formerly, General Attorney, Natural Resource Economics Division, Economic Research Service, U.S. Department of Agriculture. Mr. Champion's research for this chapter was initiated while in the latter capacity. 1 Alaska Stat. § § 46.15.010, 46.15.040(a), and 46.15.260(5) (Supp. 1966). 2Kans. Stat. Ann. § § 82a-703 and -707 (1969). 3Nev. Rev. Stat. § § 533.025 and .030 (Supp. 1969). 4N. Dak. Cent. Code Ann. § 61-01-01 (1960). 5Oreg. Rev. Stat. § 537.120 (Supp. 1969). 6Kans. Stat. Ann. § 82a-707 (1969). 7Nev. Rev. Stat. § § 534.010 and .020 (Supp. 1967). 8Oreg. Rev. Stat. §§ 537.515 and .525 (Supp. 1969). (631) |
