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Show ARKANSAS 127 struction or maintenance of culverts or bridges which become clogged and cause an overflow of the surface water onto adjoining lands.'*3 4. Ground Water Litigation relating to the use of ground water in Arkansas appears to be very limited, but in a fairly recent decision the Arkansas Supreme Court announced the principles which govern the use of water from this source.06 While a number of States, for purposes of determining rights, have classified ground water as being either (a) in a subterranean stream or (b) percolating through the soil, it does not appear that these distinctions exist in Arkansas. The court stated that the rule of reasonable use should apply to all ground water, without regard to any such classification, then went on to quote, with approval, language from a California case which defined the rule of reasonable use as giving each overlying land- owner a common and correlative right to the use of the water on his land to the full extent of his needs if the common supply is sufficient, and to the extent of a reasonable share thereof if the supply is insufficient to supply everyone's needs. The court con- cluded that the use of a substantial quantity of ground water for an industrial purpose which caused wells on adjoining land to go dry, and thus deprived the adjoining landowner of water for domestic purposes, was unreasonable. Arkansas recently provided for some regulation of water wells by the enactment of a water well construction act. Subject to certain exceptions, this act provides that no person shall construct, repair, or abandon any water well without complying with the provisions of the act. This act is administered by the committee on water well con- struction, which may adopt rules and regulations and issue orders to implement and enforce the provisions of the act. A water well driller must be licensed annually by the committee before conducting business, and the committee issues certificates of registration to qualified drillers. A permit must also be obtained from the com- mittee for operating water will drilling rigs. The committee may inspect any water well or abandoned water well and, it it finds a violation of the act, the regulations of the committee, or that a health hazard exists, the committee shall disapprove the well. If disapproved, no well shall be used until brought into compliance and any health hazard eliminated. This provision does not apply to wells in existence prior to the passage of the act, except for abandoned wells and wells which present health hazards.67 Exceptions may be granted from compliance with all requirements of the act in cases of undue hardship. Persons constructing or repairing a well on their own land are exempted from the provisions of the act unless the well constitutes a public health hazard.68 Administrative action may be taken by the committee, after notice KJonesboro, L.C. & E. Ry. Co. v. Cable, 89 Ark. 518, 117 S.W. 550 (1909) ; St. Louis, T.M. & 8.R. Co. v. Magness, 93 Ark. 46, 123 S.W. 786 (1909) ; St. Louis, I.M. & 8.R. Co. v. llardie, 87 Ark. 475, 113 S.W. 31 (1908). e8 Jones v. Oz-Ark-Val Poultry Co., 228 Ark. 76, 306 S.W. 2d 111 (1957). 87 Ark. Stat. sees. 21-2001 to 2011. ^ Ark. Stat. sees. 21-2013, 2019. |
