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Show MASSACHUSETTS 391 3.6 Springs Spring waters which constitute the source of a stream are con- sidered part of the watercourse itself.77 The owner of land upon which a spring arises that supplies a watercourse which flows off his land has only a right similar to other riparian owners and his use is governed by the riparian rights doctrine. It does not appear that there have been any cases dealing with spring waters which do not leave the premises upon which they originate, but it is assumed that the landowner may use such water as he sees fit. 3.7 Diffused Surface Waters Diffused surface water is water which spreads over the surface of the earth and is not contained within a watercourse. It is usually generated from rain or melting snow. Once diffused surface water enters a watercourse, it becomes a part of the stream and loses its identity as diffused surface water. The Massachusetts court has recognized that a person has the right to collect diffused surface water on his land and to use it for any lawful purpose.78 However, the primary concern in Massa- chusetts concerning diffused surface water has revolved around the disposal of these waters rather than the right to use them. Massa- chusetts has adopted the common enemy rule with regard to the disposal of diffused surface water. Under this rule, a landowner is not responsible to his neighbor for damages caused by the natural flow of surface water from his land, even though the drainage may be caused or altered by improvements made on upper lands.79 The Massachusetts court has ruled that a person cannot be restrained from making a lawful use of his land, even though damage may be caused to others by the flow of surface water in the consequence of the lawful use of his land.80 However, a person may not collect sur- face waters in artificial channels and discharge them onto the lands of another.81 An adjoining landowner has no responsibility to receive surface waters, and he may prevent the waters from coming onto his land.82 A person may collect surface waters on his land and dis- charge them into a natural watercourse passing through his land, but he may be liable if the increased flow materially injures another landowner.83 4. Ground Water There are few cases dealing with the right to use ground water in Massachusetts, and there are no state regulations governing the acquisition of water from this source. The court has recognized that percolating water, as opposed to ground water flowing in a definite underground stream, is a part of ^Inhabitants of Town of Holliston v. Bolliston Water Go., 306 Mass. 17, 27 N.E. 2d 194 (1940). ™Mahoney V. Barrows, 240 Mass. 378,134 N.E. 246 (1922). 78 Beloaatro v. Norris, 261 Mass. 174,158 N.B. 535 (1927). 80 Maddock v. Springfield, 281 Mass. 103,183 N.E. 148 (1932). 81 Manning v. Woodlawn Cemetery Corp., 245 Mass. 250,139 N.E. 830 (1923). M Maddock V. Springfield, 281 Mass. 103, 183 N.E. 148 (1932) ; Inhabitants of Franklin V. Fisk, 95 Mass. 211 (1866). ^Belcastro v. Norris, 261 Mass. 174,158 N.E. 535 (1927). |