OCR Text |
Show SPRING WATERS 615 North Dakota No reported North Dakota court decisions or statutes relating expressly to spring waters have come to the attention of the author. A section of the North Dakota statutes provides in part that: "Waters on the surface of the earth excluding diffused surface waters but including surface waters whether flowing in well defined channels or flowing through lakes, ponds, or marshes which constitute integral parts of a stream system, or waters in lakes * * * belong to the public and are subject to appropriation for beneficial use * * *."260 In view of this language and since both riparian and appropriation doctrines have been recognized in North Dakota, it may be inferred that: (1) rights to use natural springs which form the source of watercourses will be governed by laws pertaining to watercourses, and (2) specifically, appropriations of the flow of such springs may be perfected, subject to whatever riparian or other rights may have vested along the watercourse as a whole. The riparian doctrine has been recognized in several court decisions in North Dakota, but without involving any relationship to the appropriation doc- trine.261 The legislature likewise recognized riparianism from time to time, including a major declaration as to what are the "several and reciprocal rights of a riparian owner, other than a municipal corporation," without mentioning appropriators.262 But, in 1963, all mention of riparianism was deleted by the legislature and other provisions were substituted.263 Oklahoma No court decisions on the ownership or appropriability of spring waters in Oklahoma have come to the attention of the author. A statute relating to ownership of water and use of running water provides that water running in a definite stream, formed by nature over or under the surface, may be used by the landowner for domestic purposes as long as it remains there, "but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue nor pollute the same, as such water then becomes public water and is subject to appropriation for the benefit and welfare of the people of the State, as provided by law * * *." It is further provided that this is not to prevent the landowner from damming or otherwise using the streambed for collecting or storing water under certain limiting conditions.264 260 N. Dak. Cent. Code Ann. § 61-01-01 (1960). 26iSturr v. Beck, 6 Dak. 71, 50 N.W. 486 (1888), affirmed, 133 U.S. 541 (1890); Bigelow v. Draper, 6 N. Dak. 152, 69 N.W. 570 (1896); Brignall v. Hannah, 34 N. Dak. 174,157 N.W. 1042 (1916); McDonough v. Russell-Miller Mill. Co., 38 N. Dak. 465, 165 N.W. 504 (1917); Johnson v. Armour & Co., 69 N. Dak. 769, 291 N.W. 113 (1940); Ozark-Mahoning Co. v. State, 76 N. Dak. 464, 37 N.W. (2d) 488 (1949). 262N. Dak. Cent. Ann. § 61-01-01.1 (1960). 263N. Dak. Laws 1963, ch. 419, § 1. See chapter 6, at note 258 et seq. 264Okla. Stat. Ann. tit. 60, § 60 (Supp. 1970). |