Springs

Abstract

A spring is a place where water flows from an aquifer upon the land. It may flow from confined or unconfined aquifers, and it may flow into well-defined channels or bodies of water, or it may flow as diffused surface water. In many of the eastern states the owner of the land upon which the spring arises generally has only the rights of a riparian owner in the waters of the spring if the waters empty into a well-defined watercourse. Where the waters of the springs do not form a watercourse, the spring is ordinarily regarded as the exclusive property of the owner of the land on which it is situated. In some jurisdictions the waters of springs located on public domain are subject to appropriation, and waters of springs located on private property may be acquired by prescription.

“The owner of the land upon which springs are located whose waters are the source of a definite watercourse does not have exclusive right to control and use the waters therefrom to the injury of a lower riparian owner or senior appropriator.”

Brummund v. Vogel, 168 N.W. at 27 (1969)