Abstract
Historically, legal concepts relating to ground water developed from the assumption that ground water was physically distinct and separate from surface water and that there were two principal classes of subsurface waters, namely, (1) underground streams of water flowing in known or ascertainable courses, and (2) percolating waters. It is now known that these assumptions were not well founded. All waters are interconnected through the operation of the hydrologic cycle, and with only a few exceptions, ground water percolates rather than flows in underground channels. Legal concepts relating to ground water developed rather independently from those relating to surface water. While the law governing underground streams is the same as that governing surface streams, the law governing percolating waters is essentially different.
“[Ground water] rises to great heights and moves collaterally, by influences beyond our apprehension. These influences are so secret, changeable and uncontrollable, we cannot subject them to the regulation of law nor build upon them a system of rules, as has been done with streams upon the surface.”
Roath v. Driscoll, 20 Conn. 533, (1850)
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References and Suggested Readings
Bittinger, M. (1972), Survey of interstate and international aquifer problems, Ground Water, 10 (2): 44–54.
Bliss, K. (1981), Protection of the means of groundwater diversion, The Public Land and Resource Law Digest, 18: 100–126.
Clark, C. (1960), Ground water legislation in the light of experience in the western states, Montana L. Rev., 22: 42–59.
Cope, T. (1974), Water law-well permits-unappropriated water and maximum utilization, Denver L. J., 51: 127–144.
Cox, W., and Walker, W. (1973), Ground-water implications of recent federal law, Ground Water, 11: 15–18.
Dewsnup, R. L., and Jensen, D. W. (1973), A Summary-Digest of State Water Laws, National Water Commission. Arlington, Va.
Douglas, T. (1976), Safe Drinking Water Act of 1974—History and critique, Env. Affairs, 5 (3): 501–544.
Ellis, H. H. (1965), Water rights and regulations in the eastern states, Ground Water, 3: 18–28.
Fischer, A. (1974), Management of interstate ground water, Natural Resources Law, 7: 521.
Fischer, W. (1975), Equitable apportionment of interstate ground waters, Proc. Rocky Mountain Mineral L. Inst., 21: 721–741.
Gillies, N. (1975), The Safe Drinking Water Act and ground-water protection, Ground Water, 13 (2): 142–144.
Hutchins, W. (1955), Trends in the statutory law of ground water in the western states, Texas L. Rev., 34: 157–191.
Lehr, J. H. (1975), The Safe Drinking Water Act: Its first 250 days, Ground Water, 13 (5): 390–394.
Mann, J. (1969), Ground water management in the Raymond Basin, California, Engineering Geology Case Histories Number 7, Geological Society of America, Boulder, Colo., pp. 61–74.
McGuiness, C. (1951), Water Law, With Special Reference to Ground Water, U.S.G.S. Circular 117, U.S. Gov. Printing Office, Washington, D.C.
Meyers, C. (1978), Federal groundwater rights: A note on Carpenter v. United States, Land Water L. Rev., 13 (2): 377–389.
Murdock, J. (1976), A postscript to the Mutual Prescription Doctrine-City of Los Angeles v. City of San Fernando, Land Water L. Rev., 11 (1): 131–146.
Pendley, W. (1976), Allocating buried treasure: Federal litigation involving interstate ground water, Land Water L. Rev., 11 (1): 103–130.
Sharp, R. (1955), Comments: Liability of landowners for pollution of percolating waters, Marquette L. Rev., 39 (2): 119–134.
Spiegel, Z. (1973), Ground-water hydrology and NEPA, Ground Water, 11 (3): 36–38.
Thomas, H. E. (1955), Water Rights in Areas of Ground-Water Mining, U.S.G.S. Circular 347, Washington, D.C.
Trelease, F. (1982), Conjunctive use of groundwater and surface water, Rocky Mountain Mineral Law Institute Proceedings 27: 1853–1894.
Walker, W. (1975), Are drillers legally responsible for ground water pollution? Water Well J., March 31–36.
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© 1983 Plenum Press, New York
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Tank, R.W. (1983). Subsurface Waters. In: Legal Aspects of Geology. Springer, Boston, MA. https://doi.org/10.1007/978-1-4684-4376-9_10
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DOI: https://doi.org/10.1007/978-1-4684-4376-9_10
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