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Show 100 ALASKA 3.6 Springs Prior to the adoption of the water code, springs could be appro- priated by the diversion of water and its application to beneficial use. However, with the adoption of the water code in 1966 a right to the use of water from a spring must be initiated by the filing of an application for a permit with the commissioner, since the act is applicable to any substantial source of water which is capable of being placed to beneficial use.100 If the spring flows into and forms a part of the waters of a watercourse, then it appears that the spring is treated as a part of the stream and the rights of the appropriators extend to this tributary source. 3.7 Diffused Surface Water Diffused surface water is generally made up of rain or melting snow which is diffused over the ground and does not form a part of a watercourse. Once diffused surface water flows into and becomes a part of a stream, it loses its identity as diffused surface water.101 With respect to the use of diffused surface water, the Alaska water- code reserves to the people "all waters of the State, surface and sub- surface, occurring in a natural state. . . ." 102 The act goes on to define a source of water as "a substantial quantity of water capable of being put to beneficial use." 103 Thus, it appears that all surface water is subject to appropriation either in its diffused state or as a part of the waters of a watercourse, except diffused surface water which does not meet the statutory definition of a substantial quantity of water capable of being put to beneficial use. There has not been a great deal of litigation in Alaska concerning the disposal of diffused surface water. However, in 1963 the Alaska court adopted the reasonable use test with respect to drainage prob- lems. Under the reasonable use rule, each landowner is entitled to make a reasonable use of his land even though the flow of the dif- fused surface water is altered thereby and causes some harm to others. A landowner only incurs liability to an adjoining landowner when his interference with the flow becomes unreasonable.104 Thus, it is a matter of determining from all the facts and circumstances whether a landowner acted in a reasonable manner.105 4. Ground Water Ground water is now subject to State administrative control and regulation. But prior to the adoption of the water code, at least one decision announced that the common law rule of absolute ownership applied to percolating water, and that the overlying landowner could use this water in any manner he saw fit.106 However, the i°°Sec. 46.15.260(4). 101 Weinberg v. Northern Alaska Development Co., 384 P. 2d 450 (Alaska 1963). 102 Sec. 46.15.260(5). 103 Sec. 46.15.260(4). i°* Weinberg v. Northern Alaska Development Oo., 384 P. 2d 450 (Alaska 1963). i°BJd. ™Trillingham v. Alaska Housing Authority, 109 F. Supp. 924 (1953). |