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Show Chapter 42. TENNESSEE CONTENTS Page 1. Development of Tennessee Water Law___________________________ 689 2. State Organizational Structure for Water Administration and Control__ 690 2.1 Administration of Water Rights________________________ 690 2.2 Resolution of Water Use Conflicts______________________ 691 2.3 Other Agencies Having Water Resource Responsibilities____ 691 3. Surface Waters____......---------------------------------------------------- 693 3.1 Method of Acquiring Rights___________________________ 693 3.2 Nature and Limit of Rights___________________________ 693 3.3 Changes, Sales, and Transfers-------------------------------------- 695 3.4 Loss of Rights_______......_________________________ 695 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 696 3.6 Springs____________________________________________ 696 3.7 Diffused Surface Waters______________________________ 696 4. Ground Water--------------------------------------------------------------------- 697 Publications Available__________________________________________ 698 DISCUSSION 1. Development op Tennessee Water Law Tennessee is located in an area of the United States which re- ceives abundant rainfall; consequently, most of the water supply problems which attended the settlement of the Western United States were not present in the settlement of Tennessee. Because of the humid conditions in the State, there was not a great competition among users for the available water supply. Hence, water right matters have not occupied the time and attention of the courts and legislature of Tennessee to the same^ degree that this subject has received consideration in the more arid States. The result has been a general lack of legislation on water right matters in Tennessee, as well as a lack of development of any extensive body of case law. The Tennessee courts adopted and applied the reasonable use doc- trine of riparian rights in the settlement of water right disputes. The appropriation doctrine which later developed in the West has never been adopted in Tennessee. Under the riparian concept of water rights, the right to the use of water is tied to the ownership of the land. In defining rights to water, the Tennessee courts have adopted the following general classifications: (1) Waters of a water- course; (2) diffused surface waters; (3) ground water flowing in well-defined channels; and (4) percolating ground water. With regard to the surface waters of a watercourse in Tennessee, the owner of land which is riparian to the stream has coequal rights in the stream with other riparian owners to make a reasonable use of the available water. The decisions in Tennessee dealing with diffused surface waters have considered questions of damage in the disposal of it, rather than the right to use these waters. Underground water flowing in a well-defined channel is governed by the same 689 |