OCR Text |
Show Chapter 35. OHIO CONTENTS Page 1. Development of Ohio Water Law_____________________________ 591 2. State Organizational Structure for Water Administration and Control. _ 591 2.1 Administration of Water Rights......__________________ 591 2.2 Resolution of Water Use Conflicts_________________..... 592 2.3 Other Agencies Having Water Resource Responsibilities____ 592 3. Surface Waters____________________________________________ 595 3.1 Method of Acquiring Rights__________________________ 595 3.2 Nature and Limit of Rights__________________________ 595 3.3 Changes, Sales, and Transfers_________________________ 598 3.4 Loss of Rights_____________________________________ 598 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 598 3.6 Springs__________________________________________ 598 3.7 Diffused Surface Waters_____________________________ 599 4. Ground Water____________________________________________ 600 Publications Available________________________________________ 600 DISCUSSION 1. Development of Ohio Water Law Ohio is located in a humid region of the United States, and the settlement and development of the State was aided by the general availability of water. Because of an abundant water supply, water right matters have not received extensive attention from either the courts or the legislature. However, when water use conflicts have arisen, the Ohio court has applied the doctrine of riparian rights as the basic water law of the State, with every riparian owner limited to a reasonable use of the stream. Similarly, every landowner overlying a subterranean stream has the right to make a reasonable use of the water, but is entitled to the absolute ownership of perco- lating water and may use it in any manner he desires. Legislation dealing with water resources in Ohio is very limited. The scope of the existing statutes are restricted to water quality control, water use planning, the regulation of dam construction and drilling of water wells. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights Because of the private nature of the riparian right, Ohio has no statutory procedure governing the acquisition, distribution, or trans- fer of water rights. The determination of the nature and extent of an individual's water right, as it relates to other uses and rights from the same source, is a matter of judicial decision applying the principles of the riparian water rights doctrine. 591 |