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Show ILLINOIS 287 the use is permissive it cannot ripen into an adverse use right.77 Also, when land is acquired by adverse use, rights in the water which is riparian to the land are obtained as an incident of the land itself.78 3.5 Storage Waters, Artificial Lakes, and Ponds A riparian landowner has the right to construct a dam in order to store and use water, but this operation must be reasonable and must not injure the rights of other riparian landowners on the stream.79 The nature and scope of the right to use water by damming the stream is reviewed in section 3.2 above, as is the regulatory au- thority of the State over the construction and operation of dams. 3.6 Springs It does not appear that the Illinois courts have had occasion to decide directly the principles which govern the use of spring water. However, there is language in one decision which indicates that when a spring flows into and forms a part of a natural watercourse, the right of the owner of the land upon which the spring arose is that of a riparian owner and the spring is treated as water of a watercourse.80 The landowner is entitled to make a reasonable use of the water or consume it all, if necessary, to satisfy his natural wants-domestic and stockwatering uses. However, with regard to the source of supply for a spring, the Illinois Supreme Court has stated, although it was not a direct hold- ing in the case, that where a spring is supplied by percolating ground water, this source of supply may be interfered with by an adjoining landowner, since the ownership of the soil gives an absolute right to the use of percolating ground water.81 3.7 Diffused Surface Waters Diffused surface water is water from rain and melting snow which is diffused over the landowner's property and not a part of a water- course.82 With respect to drainage rights, water which overflows a watercourse is treated as diffused surface water once it leaves the confines of the stream, although the Illinois Court has expressly reserved judgment on this question as to large rivers.83 The problems which have arisen in Illinois concerning diffused surface water have related to the disposal of excess quantities, rather than to competing rights of use. However, without expressly so ruling, the Illinois Supreme Court has suggested that the landowner ordinarily would be entitled to make such use of surface water as he sees fit.84 ¦"Leonard v. Pearce, 348 111. 518, 181 N.E. 399 (1932). 78 Bellefontane Co. v. Niedringhaus, 181 111. 426, 55 N.E. 184 (1899). ™ Evans v. Merriweather, 4 111. 492 (1842). so Evans v. Merriweather, 4 111. 492 (1842). a Edwards v. Haeger, 180 111. 99, 54 N.E. 176 (1899). s*Peck v. Herrington, 109 111. 611 (1884). ^Pinkstaff v. Ste^y, 216 111. 406, 75 N.E. 163 (1905); Dlckerson v. Goodrich, 190 111. app. 505 (1914). MQormley v. Sanford, 52 111. 158 (1869). |