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Show Chapter 19. MAINE CONTENTS Page 1. Development of Maine Water Law____________________________ 363 2. State Organizational Structure for Water Administration and Control-_ 363 2.1 Administration of Water Rights_______________________ 363 2.2 Resolution of Water Use Conflicts_____________________ 363 2.3 Other Agencies Having Water Resource Responsibilities____ 364 3. Surface Waters____________________________________________ 366 3.1 Method of Acquiring Rights__________________________ 366 3.2 Nature and Limit of Rights__________________________ 366 3.3 Changes, Sales, and Transfers________________________ 368 3.4 Loss of Rights____________________________________ 368 3.5 Storage Waters, Artificial Lakes, and Ponds-------------------- 369 3.6 Springs_____________________________-____________ 369 3.7 Diffused Surface Waters_____________________________ 369 4. Ground Water____________________________________________ 370 Publications Available. _;______________________________________ 370 DISCUSSION 1. Development of Maine Water Law Situated in an area of the United States with abundant rainfall and a generous water supply, Maine has many streams, small rivers, lakes, and ponds, as well as a rather extensive seashore. Maine has consistently adhered to riparian water right doctrines, recognizing rights of reasonable use in surface watercourses and absolute owner- ship of percolating ground water.1 However, if it can be proved that ground water flows in a definite channel, then the overlying land- owners are subject to the same reasonable use rules which govern sur- face watercourses.2 Rights of public use are recognized in navigable (public) waters,3 but not in nonnavigable (private) waters.4 2. State Ogranizational Structure for Water Administration and Control 2.1 Administration of Water Rights There are no statutes in Maine relating to the acquisition or admin- istration of water rights, and consequently no State agency or officer has any delegated responsibility over water rights or uses. 2.2 Resolution of Water Use Conflicts Water right disputes are resolved in the courts on a case-by-case basis. Conflicts over rights to use water and efforts to prevent impair- i Davis v. Getchell, 50 Me. 602 (1862) ; Lochwood Co. v. Lawrence, 77 Me. 297 (1885) ; Chase v. Silver stone, 62 Me. 175 (1873). a Chase v. Silverstone, 62 Me. 175 (1873). 8 Berry v. Carle, 3 Me. 269 (1825) ; Smart v. Aroostook Lumber Co., 103 Me. 37, 68 Atl. 527 (1907) ; Conant v. Jordan, 107 Me. 227, 77 Atl. 938 (1910). * Id. 363 |