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Show ILLINOIS 289 and wells on adjoining land.94 This is the English common law'rule, which says that the owner of the soil has absolute ownership of ground water found beneath the surface of his property. However, the Court's language suggesting absolute ownership was not neces- sary to its decision, and other language subsequently used by the Court suggests that the rule of absolute ownership is subject to certain qualifications.95 In 1959 an Illinois appellate court stated that it thought there was language in the earlier Illinois Supreme Court decision which implied that, in the proper case, the doctrine of reasonable use should control as between adjoining landowners.96 This rule would limit each landowner's use of underlying ground waters to the quantity necessary to make a reasonable use of his land, with corresponding rights in others owning lands overlying the underground basin. Illinois has enacted legislation requiring water well drillers and water well pump installation contractors to be licensed by the De- partment of Registration and Education. An individual who drills a well or installs a pump on a well on land owned or leased by him and used by him for farming or domestic purposes is exempted from the provisions of the act. This exemption also applies to an individual who performs labor or services under the direction of a licensed contractor. The act specifies certain requirements which an applicant must meet in order to obtain a license, and also sets forth grounds upon which a license may be refused, suspended, or revoked. The decisions of the Department are subject to judicical review.97 Also, a log of all water wells drilled must be filed with the State Geological Survey Division of the Department of Registration and Education. The log is to show the character and thickness of the water-bearing strata and the capacity of the well.98 Further, notifica- tion of an intent to drill a water well shall be filed with the State Mining Board and a permit obtained from the Board in the case of wells drilled for water which penetrate the subsurface below the glacial drift.99 Provision is also made for the plugging of abandoned wells.100 Publications Available Institution for Water Resource Research: Water Resource Center, 3220 Civil Engineering Building, University of Illinois, Urbana, 111. 61801, 217-333-0536. Publications: Cribbet, Illinois Water Rights Law: And What Should be Done About it, Water Resources Committee, Illinois State Chamber of Commerce (1958). Mann, Ellis and Krausz, Water-Use in Illinois, Illinois Agricultural Experiment Station Bulletin 703 (1964). »* Edwards v. Haeger, 180 111. 99, 54 N.B. 176 (1899). 85 Mann Ellis, Krausy, Water-Use Law in Illinois 130-135, Illinois Agricultural Ex- periment Station Bulletin 703 (1964). ™Behrens v. Scharringhausen, 22 111. app. 2d 326, 161, N.E. 2d 44 (1959). of Smith-Hurd Illinois Ann. Stat., ch. 111%, sees. 116.76 to 116.96. 98 Smith-Hurd Illinois Ann. Stat., ch. 104, sec. 34. 89 Smith-Hurd Illinois Ann. Stat., ch. 104, sec. 63.1. 100 Smith-Hurd Illinois Ann. Stat., ch. 104, sec. 63.1. |
