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Show 724 GROUND WATER RIGHTS IN SELECTED STATES the purposes of the statute, an artesian well was defined as "an artificial well or shaft which is sunk or driven to an artesian stratum or basin, and through which water is raised or carried to or above the surface of the ground by natural pressure or gravity, or through which water is or may be raised or carried to or above the surface of the ground by artificial means." An artesian well not equipped with an appliance for controlling the flow of water therefrom was declared to be a common nuisance, and the person responsible therefor guilty of a misdemeanor. Also guilty of a misdemeanor was any person in charge of an artesian well who allowed the water to waste. Public regulation of artesian wells was placed under the Superintendent of Hydrography, which has since been placed under the Board of Land and Natural Resources. The statute provided further that the owner of an artesian well could relieve himself of further responsibility for it by transferring the well to the county in which located. This provision did not apply within the District of Honolulu, wherein a separate statute was in force. This statute has been recently amended to delete the word "artesian" and to apply to wells generally. As amended, however, the statute still contains a provision that appears to relate particularly to artesian wells. It states: 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.244 Wells in District of Honolulu.-A statute enacted in 1927 gave to the Honolulu Sewer and Water Commission jurisdiction over artesian wells in the District of Honolulu, comprising the area extending from Maunaloa to Moanalua, inclusive, along the south coast of Oahu. The Commission was abolished in 1929 and its powers and duties, including the regulation of artesian wells, were transferred to the Board of Water Supply, City and County of Honolulu.245 This local jurisdiction was thus excepted from the general Territorial statute. The test of constitutionality of this statute, the finding that a portion was not valid, and the legislative correction of this fault have been discussed previously under "Artesian Waters-(2) The City Mill case, defining the 'owner- ship' of artesian waters." 244Haw. Rev. Stat. §§ 178-1 to -10 (1968), amended, Laws 1970, ch. 123. The quoted provision is in § 178-2. 245 Haw. Laws 1927, Act 222, Rev. Stat. § § 71-1 to -4 (1968). |