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Show 200 DELAWARE it has been held that the owner of land is not required to take any particular steps to prevent the flow of surface water from his land onto adjoining lands, so long as the drainage pattern results from the natural condition of the land.82 But this does not entitle a landowner to accumulate surface waters and discharge them onto adjacent land in unnatural quantities;83 nor does it entitle him to change or raise the surface of his land in a manner that creates an unnatural flow onto the adjoining lands (in this case the court spoke of a "reason- able" use measure of liability, but did not specifically embrace that rule).84 And the court has indicated that improvements to property, such as the construction of buildings, may give rise to liability to a lower landowner if the improvements cause increased drainage flows which damage the lower land.85 4. Ground Water It seems that Delaware never did adopt the English rule of ab- solute ownership of ground water. Nor has it drawn any legal dis- tinctions between underground streams and percolating ground water. In 1907 the court indicated that there were limitations on a landowner's right to withdraw water from beneath his land, and said that any such right could not be exercised maliciously or un- reasonably.86 And, as recently as 1961, the court reaffirmed its re- jection of the absolute ownership rule, and suggested that it would be necessary to devise a rule which would balance the rights of property owners overlying the underground basin with the public interest in achieving the fullest beneficial use of the water resources of the State.87 Of course, ground water is now subject to both the permit sys- tem for water use (but note the exemptions explained in sec. 2.1.d, above, of this chapter) and to water quality controls to prevent pol- lution.88 With regard to water use from wells, regulation II estab- lishes the minimum requirements which govern the location, design, installation, use, modification, and abandonment of water wells and associated pumping equipment. The regulation also implements the relevant statutory exemption by providing that no permit is re- quired when a landowner or lessee personally installs, uses, repairs, modifies, or abandons a water well, when the well is used for family purposes and for ordinary domestic and agricultural purposes. However, even though no permit is required in these instances, the regulation provides that all work performed must be in accordance with the standards set forth in the regulation. All other new wells, or replacement wells, are governed by permits; and large wells in certain areas must also receive the approval of the Delaware River Basin Commission. **Ciconte v. Shockley, 31 Del. ch. 376, 75 A. 2d. 242 (1950). ^Chorman v. Queen Anne's R. Co., 19 Del. 407, 54 Atl. 687 (1901). ^Staats v. Hubbard, 31 Del. ch. 41, 63 A. 2d. 856 (1949). 86 Ciconte v. Shockley, 31 Del. ch. 376, 75 A. 2d 242 (1950). 88Little v. American Telephone & Telegraph Co., 27 Del. 374, 67 Atl. 169 (1907). *>MacArtor v. Qraylin Crest III Swim Club Inc., 40 Del. ch. 53, 173 A. 2d 344 (1961). 88 Sec. 7-6302 (e). |
