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Show 468 NEBRASKA The State Supreme Court has also recognized abandonment (an intentional relinquishment of the water right), and nonuse for 10 years is deemed to be a forfeiture, regardless of intent.61 The latter concept is based on the general statute of limitations relating to actions to recover possession of land which has been adversely pos- sessed by another.52 It might seem anomalous to apply adverse use or adverse possession concepts to water appropriations unless there is an adverse use of the water by others. When there is such an ad- verse use for a continuous period of 10 years, it would seem-but is not clear-that the adverse user obtains a prescriptive right. Riparian rights can be lost by severance, as discussed in section 1 above in connection with the case of Wasserburger v. Go fee. 3.5 Storage Waters, Artificial Lakes, and Ponds Any person who wishes to build or maintain a reservoir to store waters, must file an appropriate application with the Department of Water Resources. If the application is approved, the applicant is authorized to impound all waters not otherwise appropriated or needed for immediate use,53 but, aiter the reservoir is completed, he must then file a separate application for a permit to put the stored waters to the use intended.54 The statute provides that the owners of reservoirs are responsible for all damages arising from leakage, over- flow, or breakage of any dams,55 and the Department of Water Re- sources is required to inspect all dams once each year and to require any repairs necessary to keep them safe.56 3.6 Springs Springs which are tributary to natural surface watercourses are governed by the same legal rules that apply to those watercourses, and the owner of lands upon which sucji a spring is located cannot control or use waters therefrom to the injury of lower riparians or appropriators holding valid permits.57 However, waters flowing from springs which do not form or contribute to a watercourse are likened to diffused surface waters, and the owner of the land upon which such a spring arises may retain the waters for his own use, and may change their course by a ditch or embankment.58 Penalties may be imposed for polluting waters, including the waters of springs.59 3.7 Diffused Surface Waters There has been more litigation in Nebraska on diffused surface waters than on any other area of water law. Space does not permit a detailed discussion of the earlier cases which number well over 100. In the early period, the State was usually classified as a "common Bl State v. Nielsen, 163 Neb. 372, 79 N.W. 2d 721 (1956). 62 Cf. Hammond v. Johnson, 94 Utah 20, 66 P. 2d 894 (1937). 63 Sec. 46-241(1). " Sec. 46-242. «Sec. 46-241(2). 68 Sees. 46-277 and 46-278. w Brummund v. Vogel, 184 Neb. 415,168 N.W. 2d 24 (1969). B8 Rogers v. Petsch, 174 Neb. 313^ 117 N.W. 2d 771 (1962). 68 Sec. 28-1013. |