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Show MAINE 369 adverse possession.55 Also, where the facts justify or require, the doc- trine of estoppel will be applied to protect a present use by one and result in the loss of a right by another.56 3.5 Storage Waters, Artificial Lakes, and Ponds A riparian owner is entitled to store water in order to facilitate his use, but the water cannot be unreasonably detained.57 Further, if the water is backed up onto the lands of another, a proper easement must be obtained to overflow these adjacent lands, and such an easement may be acquired by grant or prescription.58 There are statutory provisions which define and set forth rights and liabilities of riparian owners when undertaking the construction of dams and the diversion of water for storage. In order to assure public safety, the Governor may appoint an engineer to inspect dams and reservoirs and require that any unsafe conditions be corrected.59 No dam shall be constructed to the injury of any mill or canal law- fully existing on the same stream.60 In addition to the above, the public utilities commission has certain authority with respect to the construction of dams involved in power generation and public water supply systems, as mentioned in section 2.3.c, supra. 3.6 Springs There are no statutory provisions in Maine relating to use of springs, and there is very little case law dealing with water from this source. However, it would seem that where a spring flows into and forms a part of a watercourse, rights to use the water would be governed by the doctrine of reasonable use applicable to such watercourses. If the spring does not leave the land where it originates, then the owner of the land is entitled to use the water supply, but he is not entitled to have the percolating water which is the source of supply for the spring protected from interference by adjoining landowners.61 3.7 Diffused Surface Waters Diffused surface water is defined in Maine as water which accumu- lates on the surface of the ground from falling rain or melted snow and which does not form a part of a watercourse.62 The problems which have arisen in Maine concerning diffused sur- face waters have centered on means of disposal rather than rights of use. The early decisions said that diffused surface water was to be 55 Lochwood Co. v. Lawrence, 77 Maine 297 (1885) ; Crosby v. Bessey, 49 Maine 539 (1860). 68 Kennebunk et al. Water Dist. v. Maine Turnpike, 147 Maine 149, 84 A. 2d 433 (1951). w Davis V. Getchell, 50 Maine 602 (1862) ; Butman v. Hussey, 12 Maine 407 (1835) ; Lockwood v. Lawrence, 77 Maine 297 (1885) ; Jones v. Skinner, 61 Maine 25 (1873). 68 Strout v. Millbridge Co., 45 Maine 76 (1858) ; Munroe v. Gates, 48 Maine 463 (1860) ; Btaokpole v. Curtis, 32 Maine 383 (1851). 69 38 M.R.S.A., sees. 611 et. seq. 80 38 M.R.S.A., sec. 653 ; Thomas v. Hill, 31 Me. 252 (1850). 81 Chase v. Silverstone, 62 Maine 175 (1873). ^Greeley v. Maine Central R.R. Co., 53 Maine 200 (1865) ; Morrison v. Bucksport & BangorR.R. Co., 67 Maine 353 (1877). |