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Show TEXAS 743 C/assffkation Texas still adheres to the historical distinction in classifying ground water. This distinction is made between waters of definite underground streams and percolating waters. Definite Underground Streams Characteristics A definite underground stream has the same characteristics as those of a watercourse on the surface. In the few Texas decisions in which ground water rights have been involved, a distinction has been drawn between the character- istics of percolating waters and waters flowing in definite underground streams, with refinements in descriptions of the latter class. Rights of Use Court decisions. -The high courts of Texas have not yet squarely declared the principle that will govern rights to use water proved to be moving through the ground in a definite channel. The opinions of the courts in the ground water decisions so far indicate that the rules that should govern rights in definite streams are not the same as those which apply to percolating waters.365 In the East case, on which the law of percolating water rights in this State is founded, the Texas Supreme Court adopted a rule applicable to rights to percolating waters, in litigation therein, and refused to apply any principle from the law of running streams.366 The district statute. -The underground water conservation district statute declares that the legislation applies solely to water percolating beneath the earth's surface "and does not include defined subterranean streams or the underflow of rivers." 367 The same statute specifically recognizes the right of the owner of land to the ground water therein, and provides in this connection that "the priorities, regulations and provisions of the law relating to the use of surface waters shall in no manner apply to underground water."368 Underflow of Surface Streams The underflow of surface streams-also called the subflow or supporting flow-is the subsurface portion of a watercourse, the whole of which comprises waters in close association both on and beneath the surface. 365See Houston & T.CR.R. v. East, 98 Tex. 145, 81 S.W. 279 (1904); Texas Co. v. Burkett, 117 Tex. 16, 296 S.W. 273 (1927); Cantwell v. Zinser, 208 S.W. (2d) 577 (Tex. Civ. App. 1948); Pecos County W.C. & I. Dist. No. 1 v. Williams, 271 S.W. (2d) 503 (Tex. Civ. App. 1954, error refused n.r.e.). 346Houston & T.C.R.R. v. East, 98 Tex. 146, 81 S.W. 279 (1904). 347Tex. Rev. Civ. Stat. Ann. art. 7880-3c(A) (1954). 36t/d. art. 7880-3c(D)(D. |