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Show 370 MAINE treated as a common enemy and each landowner was entitled to take the steps he deemed necessary to protect his property.68 Some limita- tions have since been imposed on these early pronouncements. For example, an upper owner cannot artificially collect diffused surface water and then discharge it upon his neighbor in a large volume con- trary to the natural drainage pattern, and thus damage the lower property.64 Nor can a landowner obstruct a watercourse and thereby impair the natural drainage of diffused surface water from adjoining land.65 With respect to the use of diffused surface water, the Maine Court has stated that the owner of land may control the flow of surface water over his premises to satisfy his wants and needs.66 4. Ground Water Ground water has received only limited treatment by the Maine courts, and there are no State statutes or regulations governing use of water from this source. Although the question apparently has never been squarely decided by the Maine Court, it appears that if it can be demonstrated that the ground water is flowing in a well-defined and ascertainable under- ground channel, then the rights of the overlying landowners are to be governed by the same reasonable use rules which govern rights of use in surface streams.67 As to ground water diffused and percolating through the soil, Maine has adopted the common law rule which deems the owner of the soil to be the owner of the water within the soil, entitling him to use the water in any manner he wishes, even if his use results in some damage to adjoining property owners.68 Many of the Eastern States have adopted statutes regulating well drillers and the drilling of water wells, but Maine has not yet adopted any such regulation. Publications Available Institution for Water Resource Research: Water Resources Center 53 Illinois Avenue South Campus University of Maine Bangor, Maine 04401 204-947-8852 Publications Whittlesey, Law of the Seashore, Tidewaters and Great Ponds in Massachusetts and Maine (1932) Waite, Public Rights in Maine Waters, 17 Maine L. Rev. 161 (1965). «3 City of Bangor v. Lansil, 51 Maine 521 (1863) ; Greeley v. Maine Central R.R. Co. 53 Maine 200 (1865) ; Morrison v. Bucksport & Bangor R.R. Co., 67 Maine 353 (1877). o* Smith v. Preston, 104 Maine 156, 71 Atl. 653 (1908) ; Goodwin & Stewart v. The Texas Co., 133 Maine 260, 176 Atl. 873 (1935) ; McRae v. Camden & Rocltland Water Co. 138 Maine 110, 22 A. 2d 133 (1941). «Id. ea Morrison v. Bucksport & Bangor R.R. Co., 67 Maine 353 (1877). 67 Chase v. Silverstone, 62 Maine 175 (1873). 68 Chase v. Silverstone. 62 Maine 175 (1873). |
