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Show MASSACHUSETTS) 387 resources commission is responsible for registering all well drillers and for adopting rules and regulations governing reports which must be submitted by water well drillers.34 The commission also administers a program of state financial aid for flood control and water conservation projects.35 The commission may acquire water and land by purchase, gift or condemnation to conserve water impoundment sites which it deems necessary to meet the future water needs of the State.36 In addition to these duties, the commission of water resources is to (1) study the needs and resources of the State with respect to water conservation and flood control, (2) make water policy recommendations to the legislature for water use control, (3) act as the coordinating agency between all depart- ments of the State, and (4) cooperate with Federal agencies and agencies of other states in carrying out water conservation and flood control programs.37 As pointed out above, the water resources com- mission also has supervisory responsibility over the division of water pollution control.88 In addition to his responsibilities as a member of the water resources commission, the commissioner of natural resources also has other duties related to water resource management. One of the most important duties of the commissioner involves the issuance of orders to protect and preserve any irreplaceable wild and scenic river re- sources of fresh water fisheries when he deems such action to be in the best interests of the State. The orders of the commissioner may restrict or prohibit dredging, filling, or otherwise altering or pol- luting the scenic and recreational rivers and streams of the State.39 3. Surface Waters Surface waters of a watercourse are those which flow in an ascer- tainable direction within a well-defined channel throughout substan- tial portions of the year.40 3.1 Method of Acquiring Rights The right to use the waters of a stream in Massachusetts is derived from the ownership of land adjacent to the stream.41 The riparian right does not constitute ownership of the water itself but, rather, is a right to make use of the water. This right of use is defined as a usufructuary right. The existence of the riparian right does not depend on any act of appropriation or upon the beneficial use of the water by the riparian owner.42 While a riparian right is normally acquired by the purchase of riparian land, it may also be acquired separately from the land by grant or by prescription.43 A riparian right may be separated from the land by deed or other instrument of conveyance, but if the deed s* Ch. 21, sec. 16. 35 Ch. 21, sees. 13, 14, and 15. 88 Ch. 21, sec. 9A. «7 Ch. 21, sec. 9. 88 Ch. 21 and ch. 26', see sec. 2.3.a., supra. 8» Ch. 21, sec. 17B. *> Amory v. Commonwealth, 321 Mass. 240, 72 N.E. 2d 549 (1947). « Amory v. Commonwealth, 321 Mass. 240, 72 N.E. 2d 549 (1947). « Whitney v. Wheeler Cotton Mills, 151 Mass. 396, 24 N.E. 774 (1890). « Tourtellor v. Phelps, 70 Mass. 370 (1855). 499-242-73------26 |