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Show 392 MASSACHUSETTS the land itself. Thus, the person owning land may use the ground water percolating through his land, even though his use interferes with the flow of percolating waters in his neighbor's land and dimin- ishes the water in his neighbor's well.84 However, if a person uses his land in a manner calculated and designed to deprive his neighbor of percolating water, he is liable to his neighbor for damages will- fully inflicted.85 There do not appear to be any cases dealing with the right to use subterranean waters in a well-defined stream, but the Court has recognized that those waters are to be distinguished from percolating waters.86 So it is likely that the Massachusetts court would follow the position taken by a number of other Eastern States and conclude that the right to use water flowing in a definite underground stream is governed by the same rules which govern surface watercourses. While there is no state administrative regulation concerning the use of ground water in Massachusetts, any person engaged in the business of drilling water wells is required to register annually with the water resources commission. All registered well drillers are required to submit a report to the commission within thirty days after completion of a well. The report is to contain such informa- tion concerning the well as required by the rules and regulations of the water resources commission.87 Publications Available Institution for Water Resource Research: Water Resources Research Center University of Massachusetts Room 115, Holdsworth Hall Amherst, Mass. 01002 413-545-2842 Publications Carran, Laws Affecting the Control and Use of Water in Massachusetts, Boston, Dept. of Agriculture (1952). s* Davis v. Spaulding, 157 Mass. 431, 32 N.E. 650 (1892). 88 Greenleaf v. Francis, 34 Mass. 117 (1836). 86 Davis v. Spaulding, 157 Mass. 431, 32 N.E. 650 (1892). w Ch. 21, sec. 16. |