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Show Chapter 48. WEST VIRGINIA CONTENTS Page 1. Development of West Virginia Water Law______________________ 783 2. State Organizational Structure for Water Administration and Control. 784 2.1 Administration of Water Rights_______________________ 784 2.2 Resolution of Water Use Conflicts_____________________ 785 2.3 Other Agencies Having Water Resource Responsibilities____ 786 3. Surface Waters____________________________________________ 789 3.1 Method of Acquiring Rights__________________________ 789 3.2 Nature and Limit of Rights__________________________ 789 3.3 Changes, Sales, and Transfers________________________ 791 3.4 Loss of Rights____________________________________ 791 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 793 3.6 Springs__________________________________________ 793 3.7 Diffused Surface Waters_____________________________ 793 4. Ground Water____________________________________________ 793 Publications Available________________________________________ 794 DISCUSSION 1. Development of West Virginia Water Law In West Virginia, many of the water problems which arose in- volved the disposition of excess water rather than conflicts over the use of the existing supply. The result has been that water right matters have not received extended treatment by either the courts or the legislature in West Virginia, and there is no extensive body of case law on this subject. State administrative control and super- vision over water is very limited. To the extent that water use conflicts have arisen, the West Vir- ginia court adopted the reasonable use doctrine of riparian water rights in resolving the disputes. In defining rights to waters in a watercourse, the West Virginia court has stated that each riparian owner may make reasonable use of the water as the stream runs through his property.1 A number of cases have arisen concerning diffused surface waters. It does not appear that the courts have ever squarely decided a case on rights of use in these waters, because the decisions have related to the means of disposing of unwanted dif- fused surface waters. Subject to certain limitations, the upper land- owner has the right to drain diffused surface water from his land onto lower lands.2 In defining rights to underground water, the court has indicated that the nature of the right depends on whether the ground water is in a well-defined channel or simply percolating through the soil. The West Virginia court has indicated, although the issue has never been squarely before the court, that ground water flowing in a well- defined channel is governed by the same rules applicable to surface iliugar, Water Law in West Virginia, 66 West Virginia Law Review 191 (1966); Martin v. Roberta, 72 W. Va. 92, 77 S.E. 535 (1913). 8 Jordan v. Oity of Benwood, 42 W. Va. 312, 26 S.E. 266 (1896). 783 |
