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Show 742 VERMONT lating water, the owner of the land is accorded absolute ownership of the water.67 Where a spring flows into and forms a part of the waters of a watercourse, the spring is simply a tributary, and the rights of the various riparian owners are, of course, governed by the riparian rights doctrine and each is entitled to make a reasonable use of the water.68 But if the spring is contained solely on private property, the general rule is that the owner of the property may use it in any manner he desires. 3.7 Diffused Surface Water Diffused surface water is generally considered to be water which spreads over the surface of the earth from rain or melting snow and is not a part of a watercourse. However, once it enters a watercourse, it loses its identity as diffused surface water and becomes a part of the watercourse, and use is governed by considerations of reasonable- ness. While the problems which have arisen in Vermont have centered around the disposal of diffused surface water, rather than the right to use it, it appears that the owner of the property is entitled to capture and use the water while it is on his property.69 Vermont has adopted the natural drainage doctrine with respect to the disposal of diffused surface waters. In essence, this rule pro- vides that an upper landowner is entitled to allow diffused surface water to drain naturally from his property onto the lands of lower property owners, and that the lower landowner must accept this natural drainage. However, the upper landowner cannot collect and discharge diffused surface water upon the lower landowner in un- natural or unusual quantities, nor can he otherwise artificially in- crease the quantity of diffused surface water flowing onto iower lands.70 4. Ground Water There are few cases considering or evaluating the right to use ground water in Vermont, and there is no State regulation governing the acquisition and administration of water from this source. If ground water is flowing in a well-defined underground channel or stream, then the rights of the various overlying landowners are governed by the same reasonable use rules which apply to surface streams.71 Ground water which is percolating through the soil is owned by the owner of the overlying land, and he is entitled to use it in any manner which he sees fit, even if this use results in damage to adjoining property owners.72 This is the English common law rule of absolute ownership, which the Vermont court has embraced in the following language: Such water [percolating ground water] is regarded as part of the land itself, and it belongs to the owner of the land as much as the land itself or 87 White River Chair Co. v. Conn. River Power Co., 105 Vt. 24, 162 Atl. 859 (1931). 68 Fire Dist. No. 1 v. Graniteville Spring Water Co., supra. 69 Scanlan v. Hopkins, 128 Vt. 626, 270 A. 2d 352 (1970); 8. L. Garand Co. v. Everlasting Memorial Works, Inc., 264 A. 2d 776 (1970). 70 Id. 71 Fire Dist. No. 1 v. Graniteville Spring Water Co., supra. 72 Chat field v. Wilson, 28 Vt. 49 (1855); Fire Dist. No. 1 v. Graniteville Spring Water Co., supra; Drinkwine v. State, 274 A. 2d 485 (1970). |
