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Show ARKANSAS 125 court has stated that as a matter of law adverse use will not run up- stream. That is, simply because the lower user began using the water first will not prejudice the right of an upper riparian owner to make a reasonable use of the stream as his demands arise.51 B. LACHES AND ESTOPPEL The Arkansas Supreme Court has ruled that an upper riparian owner was not precluded by reason of laches or estoppel from ob- jecting to the construction of a dam by a lower riparian owner which would flood the lands of the upper owner, particularly where the tipper owner did not know where the level of the water would be until the dam was constructed.52 In an earlier case, it was held that the right to object to the impairment of a water right was not lost by laches, since laches required not only an undue lapse of time but also some negligence in failing to act when the party had knowledge of facts which should have prompted more diligent action, and these elements were found not to be present.53 3.5 Storage Waters, Artificial Lakes, and Ponds As noted in previous sections of this chapter, a riparian owner may, in making a reasonable use of the water of a stream, do so by providing some storage. However, his use cannot interfere or impair the rights of other riparian owners. Nor can he cause the waters in the reservoir to back up and overflow the lands of another. See section 3.2, supra. 3.6 Springs The Arkansas statutes provide that any person owning land, or having the right to occupy land, has the right to impound and use the water flowing from a spring on that land so long as he does not thereby obstruct the flow of water in a stream.54 3.7 Diffused Surface Waters The Arkansas cases explain that diffused surface water comes from rain and melting snow, diffuses over the surface of the earth, and, when it reaches a stream, becomes water of a watercourse and loses its identity as surface water.55 This same general definition is also contained in the Arkansas^ statutes which deal with diffused surface waters.56 The court decisions have involved problems of dis- posing of these waters rather than the right to use them. However, the right of the landowner to use diffused surface water, or the overflow from any flooded stream, for any lawful purpose, is con- firmed by statute.57 In addition, a statutory procedure is provided for any person to apply to the Arkansas Soil and Water Conser- si Harrell V. City of Gonway. 224 Ark. 100, 271 S.W. 2d 924 (1954). sa Miller V. Grutchfleld, 240 Ark. 1021, 405 S.W. 2d 269 (1966). ra Meriwether Sand & Gravel Go. v. State, 181 Ark. 216, 26 S.W. 2d 57 (1930). « Ark. Stat. sec. 21-1310. ^Boone v. Wilson, 125 Ark. 364, 188 S.W. 1160 (1916) ; Braslco v. Prislovsky, 207 Ark. 1034, 183 S.W. 2d 925 (1944). " Ark. Stat. sec. 21-1302. « Ark. Stat. sec. 21-1310. |