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Show 696 TENNESSEE unobstructed use of the water from the stream for the operation of the mill.41 3.5 Storage Waters, Artificial Lakes, and Ponds As pointed out in various sections of the foregoing discussion, as a part of the riparian owner's reasonable use of the stream, he is entitled to construct and operate a dam as long as it is not of an unreasonable size and does not adversely affect the rights of others.42 The Tennessee statute grants a riparian landowner the right of con- demnation for the abutment of a public mill dam where he does not own land on both sides of the stream.43 3.6 Springs In one early case, it was held that mere possession of the property upon which a spring was located entitled the possessor to use and enjoy the spring for ordinary family purposes.44 A landowner is entitled to have the springs on his property protected against the flooding of a dam located on adjoining property.45 The rights of the owner of a spring are correlative with the rights of the user of water from a well in a percolating ground water area, where the two sources are interconnected, in that each is entitled to the reason- able use of the water from his source.46 3.7 Diffused Surface Waters Diffused surface water is water which does not flow in a defined watercourse, but instead is diffused over the land as the result of rain or melting snow. Once it reaches a stream, it is then governed by the law of watercourses. The general rule with respect to the use of these waters in most riparian States is that the owner of the land is entitled to use the diffused surface water on his property, but ap- parently there are no cases in Tennessee directly on this point. Rather, the decisions concerning diffused waters in Tennessee have involved problems in disposing of these waters, rather than the right to their use. In this regard, the Tennessee court follows the rule that the owner of an upper tract of land has an easement or servitude of drainage over the lower land for the natural drainage of surface waters.47 If the lower landowner dams or obstructs the drainage of this water, causing the higher land to be flooded, he is liable to the upper landowner.48 If the lower land is raised by the accumulation and deposit of soil, there is no longer a responsibility to receive drainage water, but the lower landowner cannot force the upper landowner to develop another method of disposing of this water.49 While the lower property owner may not cast these surface waters back on the upper land, at least one case in Tennessee has allowed the "Cooper v. The Great Falls Cotton Co., 94 Tenn. 588, 30 S.W. 353 (1895). ** Miller v. State, 124 Tenn. 293, 137 S.W. 760 (1911). 43 Tenn. Code Ann. sees. 43-2201 to 43-2226. "•Allen v. McGorUe, 40 Tenn. 181 (1859). iBNeal v. Henry, 19 Tenn. 17 (1838). "Nashville C. d 8t. L. Ry. v. Richert, 19 Tenn. app. 446, 89 S.W. 2d 889 (1936) « Garland v. Aurin, 103 Tenn. 555, 53 S.W. 940 (1899). «Louisville & N.R. Co. v. Hays, 79 Tenn. 382 (1883). « Louisville & Nashville Railroad Co. v. Maxwell, 126 Tenn. 323, 148 S.W. 692 (1912). |