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Show 160 of law which are applicable to surface streams. Conse- quently, in any State, the appropriation and riparian doctrines apply to subterranean streams to the same extent to which they apply to surface streams. Regard- less of whether or not the appropriation statutes refer to underground streams, court decisions in the Western States have invariably upheld the appropriability of unappropriated waters of known and defined under- ground streams, subject to vested rights. In the case of percolating waters, that survey outlines three concepts of rights as applied in different jurisdictions.49 The first is the common-law rule based upon the principle that the owner of the soil has absolute right to use all that is found therein. Thus, the landowner may withdraw percolating waters without limitation and regardless of effect elsewhere.50 The second is the "reasonable use" rule, under which a land- owner may make only a reasonable use of percolating water underlying the land, having due regard for the equal right of all other owners of land overlying the same common supply.51 In an adaptation of this rule, California follows the rule of "correlative rights," under which the rights of all owners of overlying lands are considered correlative and coequal.52 The third is the appropriation doctrine, previously discussed in its relation to surface waters.53 The 1949 California opinion in Pasadena v. Alhambra merits notice here.54 In that case, the plaintiff sought to enjoin over- drafts and a determination of ground-water rights in the 40 square mile, alluvial-filled Raymond Basin Area. The Su- preme Court of California reviewed the correlative-right prin- 19 Id. pp. 72-76. 80 Id. p. 72. "Id. p. 73. 52 See, e. g.t Katz v. Walkinshaw, 141 Gal. 116, 70 Pac. 663 (1902), 74 Pac. 766 (1903). 68 State Water Law in the Development of the West, Report to the Water Resources Committee by its Subcommittee on State Water Law, National Resources Planning Board, pp. 75-76 (1943). M33 Gal. 2d 908, 207 P. 2d 17 (1949), cert. den. sub nom. California- Michigan Land & Water Co. v. Pasadena, 339 U. S. 937 (1950). |