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Show 182 CONNECTICUT by the State in the exercise of its policy power-for example, a land- owner can be prohibited from swimming in a stream which crosses his property when the stream is used by a municipality for a public water supply.79 3.5 Storage Waters, Artificial Lakes, and Ponds As pointed out above, the riparian right includes the right to im- pound waters in a reasonable manner.80 Impounding waters for use in mills was of considerable economic importance to Connecticut, and a Flowage Act was adopted in 1853,81 and revised in 1864.82 The Flowage Act provided that a riparian owner could obtain a right to cause waters to be backed upon or flow onto the land of other riparian owners by building a dam to impound waters, subject to compensat- ing the owners of the inundated lands. However, the court has im- posed liability on persons for negligently maintaining mills and dams, resulting in flooding and other damage to other owners.83 The commission of environmental protection now is empowered to assure safety of dams and other structures through inspections and repair orders, and to grant permits to build dams and supervise the con- struction thereof.84 3.6 Springs As a result of the abundance of surface water in Connecticut, al- most no law has developed concerning the use of water from springs. In one case the court held that where water from a spring flowed off the property where it originated and formed a small watercourse, that it would be deemed a watercourse, even though the amount of water was so small that a half-inch pipe was adequate to convey it, and there was no flow at all during very dry years.85 Since the spring waters were determined to be a watercourse, the owner of the land upon which the stream originated was limited to a reasonable use. There have been no cases dealing with spring waters that do not leave the premises upon which they originate, but most states allow the landowner to use such water as he sees fit. And Connecticut does recognize private ownership of ground waters.86 3.7 Diffused Surface Waters Connecticut has adopted the restatement of torts definition of sur- face water,87 which is: Those casual waters which accumulate from natural sources and which have not yet evaporated, been absorbed into the earth, or found their way into a stream or lake. The term does not comprehend waters impounded in artificial ponds, tanks, or water mains.88 ^State v. Heller, 123 Conn. 492, 196 Atl. 337 (1937). 80 Twi8S v. Baldwin, 9 Conn. 291 (1832) ; Keeney & Wood Manufacturing Company v. Union Manufacturing Company, 39 Conn. 576 (1873). 81 Revised statutes 1853, title 47. 82 Revised statutes 1866, p. 89. 83 Schwab v. Parker Company, 55 Conn. 370, 11 Atl. 183 (1887). "* Conn. Gen. Stat., sec. 25-110 to 25-118. 85 Gillett v. Johnson, 30 Conn. 180 (1861). MRoath v. Driscoll, 20 Conn. 553 (1850). ct Taylor v. Conti, 149 Conn. 174, 177 A. 2d 670 (1962). 88 Restatement of torts, sec. 846, comment B. |