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Show 434 Mississippi With respect to use of diffused surface waters, it appears that water within this category is excluded from the operation of the Water Code, and thus may be used by the owner of the land on which it occurs without a permit.84 4. Ground Water Mississippi has no administrative structure governing the acquisi- tion or regulation of ground water rights, and there has been very little litigation with respect to water from this source. However, it does appear that Mississippi has recognized the "distinction" between underground streams and percolating ground water. The presump- tion is that ground water is percolating, and therefore owned by the owner of the soil; but if an underground stream is known to exist, then rights of use therein will be governed by the same rules as were applicable to surface streams prior to enactment of the water code in 1956. The court has offered the following explanation: The waters below are presumed to be wandering, percolating waters until a defined continuous channel is shown; and even then, in order to apply to them the rules settled in reference to surface streams, it must be further shown, not only that the stream has a distinct, defined, underground channel, but this must be known or notorious. Otherwise, as to them, it seems that the excavator in good faith and for his own purposes, will be judged by the law applicable to unknown wandering rivulets or percolating waters * * * it seems to be quite universally held that such waters [percolating] belong to the realty, to be used at will by its owner for any purpose of his own, whether it be for machinery, mining, milling, or "a reservoir on his own land." w Although there is no administrative regulation of ground water rights, all water well drillers are required annually to obtain a license from the board of water commissioners. The only exception is for those who drill wells for domestic or stockwatering use on lands which they own or lease.86 The act provides certain minimum qualifications for well drillers,87 and allows the Board to adopt rules and regulations to carry out the purposes of the act.88 A well driller's license may be suspended or revoked by the board, after notice and hearing, if it is determined that the driller has violated any of the provisions of the act or any rules or regulations of the board.89 A well driller is required to file a log of each well drilled, describing the formations and fluids encountered.90 Publications Available Institution for Water Resource Research : Water Resources Research Institute Mississippi State University State College, Miss. 39762 601-323-4321 Ext. 271 84 See Champion, note 1, at 7. 85 Clarke County v. Mississippi Lumber Co., 80 Miss 535, 31 So. 905 (1902). 88 Sec. 5956-31. 87 Sec. 5956-32. 88 Sec. 5956-33. 88 Sees. 5956-34, -35 and -36. 00 Sec. 5956-37. |
