| OCR Text |
Show 600 ohio they apply to the board of trustees of the township in which the lower land is located to have the terms settled. If either party is not satisfied with the settlement of the board, the matter may be appealed to the court.66 4. Ground Water There are few cases considering or evaluating the right to use ground water in Ohio, and there is no State regulation governing the acquisition and administration of water from this source. Underground water in Ohio has been classified as either flowing in well-defined streams or percolating through the soil, and the na- ture and extent of the overlying property owner's right to use under- ground water depends upon this distinction. Where an underground stream is clearly defined and known to exist, the rights of the overlying landowners to use the waters of the subterranean stream are governed by the same rules which apply to surface watercourses.67 However, underground water is presumed to be percolating unless the existence of the stream is known or is reasonably discoverable from evidence existing on the surface of the ground.68 Percolating waters are subsurface waters which percolate in small veins, ooze or filter through the earth.69 The owner of the lands through which ground waters percolate has an absolute right to use those waters for his own benefit.70 Further, the landowner, in making a reasonable use of his land, will not be held liable for interfering with the flow of percolating waters, even though he is negligent in conducting his activities.71 But if a person maliciously interferes with the flow of percolating subsurface waters for the purpose of damaging a neighbor, he may be held liable for the damage he causes.72 The drilling of water wells is subject to some regulation in Ohio. Anyone drilling a well must keep an accurate log of the formations drilled through, the depth at which water was encountered, and the manner in which the well was constructed. This information must be submitted to the Division of Water within 30 days after com- pletion of the well.73 In order to prevent the contamination of the underground water of the State, the division may adopt rules and regulations for the drilling operation, maintenance and abandon- ment of water wells.74 Publications Available Institution for Water Resource Research: Water Resources Center The Ohio State University 1791 Neil Avenue Columbus, Ohio 43210 614-293-6108 6(1 See. 6139.06. m Frazier v. Brown, 12 Ohio St. 294 (1861). «s Logan Gas Co. v. Glasgo, 122 Ohio St. 126, (1930). wFrazier v. Brown, 12 Ohio St. 294 (1861). to Id. ^Elster v. Springfield, 49 Ohio St. 82. 30 N.E. 274 (1892). 72 Callahan, Charles C. Principles of Water Rights Law in Ohio, State of Ohio, Depart- ment of Natural Resources, Division of Water (1957). ™ Sec. 1521.05. »See. 1521.04 (F). |
