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Show ALABAMA 85 One commentator has suggested that railroads and other such corporations have generally been held to a higher standard than individuals in diverting diffused surface water.70 The rationale seems to be that the building of railroads is not such a development of the upper land as was contemplated by the cases. 4. Ground Water Alabama has rejected the English view of absolute ownership of percolating ground water in favor of the reasonable use rule, saying that a landowner has the right to a reasonable and beneficial use of percolating ground water for agriculture, manufacturing, and mining, even though such use causes some interference with under- ground waters of neighboring properties.71 Most cases have involved mining operations which drained subsurface water from adjoining land, interfering with and damaging wells. Liability has been imposed where ground water has been withdrawn without a "reasonable need to do so," or where the water is "willfully or negligently wasted."72 With respect to underground drainage, as distinguished from rights of use of ground water, the court has said that a lower pro- prietor of urban lots owes no duty to an upper owner to afford drainage for subsurface waters, but that he may improve his own lots even though the result is to obstruct and prevent the natural subsurface drainage or flowage from the upper lots to the lower.73 Legislation enacted in 1971 regulates the drilling of wells,74 although it applies only to well drillers and in no way regulates un- derground water use. The act creates the Alabama Water Well Standards Board, consisting of seven members, including the di- rector and the State geologist. The board is authorized to promul- gate such rules and regulations as are necessary to carry out the purposes of the act.75 The statute makes clear that it applies "solely to wells drilled for the production of water" and that it has no ap- plication whatsoever to "wells or holes drilled, augered, cored, or dug for quarry blast holes or mineral prospecting, or any purpose other than water production." 76 Well drillers must obtain licenses from the board, and renew them annually.77 Having obtained a license, a well driller then must file with the board a notice of intent to drill each well before commenc- ing drilling operations, and within 30 days following completion must file a "report of well drilled." 78 Samples must be collected dur- ing drilling, and these samples plus the driller's log must be filed with the State geological survey on all wells specially designated for such samples and logs by the State geologist or the board.79 WNote, 10 Ala. L. Rev. 154 (1957). «The leading cases are Sloss-Sheffleld Steel & Iron Co. v. Wilkea, 231 Ala. 511, 165 So. 764 (1936) and 236 Ala. 173. 181 So. 276 (1938). See also Republic Steel Corp. v. Stracner, 246 Ala. 620, 21 So. 2d 690 (1945) and Dickey v. Honeycutt, 39 Ala. app. 606, 106 So. 2d 665 cert, denied 268 Ala. 696,106 So. 2d 671 (1958). « Sloss-Sheffleld Steel & Iron Co. v. Wilkea, 231 Ala. 511, 517-18, 165 So. 764, 769-70 (1936). ¦re Shahan v. Brown, 179 Ala. 425, 60 So. 891 (1913). 7* Title 22, sees. 140(19) to 140(29) (1972 Supp.). 7s Title 22, sec 140(20) (1972 Supp.). 7« Title 22, sec. 140(21) (1972 Supp. . « Title 22, sec. 140(22) (1972 Supp. . 78 Title 22, sec. 140(23) 1972 Supp. . 7» Id. |
