Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-02-16

States Is covered by the old Eng
lish and Roman riparian" rights,
which have the effect Of permit.
ting almost anyone who thinks
your use Of water Is unreasonable
to sue you. The other 20 per cent
Of the country. mainly the West,
depends on rights of "appropria.
ton" or Government sanction TO
divert stream and lake water. In
addition. about rs per cent Of the
country employs q combination
or variation Of these doctrines.
This. of course. is over -simplif4
cation. Water on land, for in
stance, must first be subdivided
into what are known as diffused
waters and defined natural waters.
The former include water from
rain and snow which is running
of" but has not yet hit o stream.
The second include streams, rivers,
lakes and their tributaries. Water
rights vary as to both classes.
Underground water, which is
becoming more important every
day. is generally subject to old
common law rules although there
is no uniformity whatever in its
application. Some States 60 on
the theory that landowners can
do anything they wish with water
below their property. Others
restrain owners. II they can. who
exploit underground sources TO
the detriment Of others.
Courts are inclined to treat
subterranean streams as though
they flowed above ground. So
riparian rights might apply to an
underground river, say. in KAN
sas City. Mo-, and appropriation
rights to the same stream in
Kansas City. Kans.
In some parts Of the country
pumping IL limited and licenses
are required to extract water. In
other areas, local water districts
regulate underground supplies. In
still others q permit" system 10
used allowing withdrawal.
Each system Of laws has It's
drawbacks. and curing them Is
going to take some doing. But
the experts think it can be done
by legislative cooperation and
research and development pro-
grams.
A VoluobIe Commodity
At the same time. II water be.
comes available only at a pre-
MUM, If its supply can be assured
only through artificial means, II
is probable that q host Of private
water companies will spring up to
sell this most marketable Of all
commodities. Many now exist in
rural areas and in the West. But
II water becomes a major private
industry, it probably will none
theless be subjected to some util-
ity-type regulation. Investment In
and speculation with water stock
would likewise be supervised.
Where salt water conversion or
other means of supplying nom
natural fresh water is concerned.
regulations involving standards Of
purity and special rules pertain
ing to damage liability for poor
quality water might be expected
to develop.
Perhaps most diticult Of all reg
ulatory problems would be those
dealing with the effect Of atomic
radiation on water supplies. No
one yet knows Just how radiation
hazards may apply to water. But
II the peaceful use Of atomic er-
ergy becomes widespread, the
question win have to be deter
mined and the dangers met.
1t seems safe to say that the
future will see new controls on
water treatment. Underground
storage may be made mandatory.
Special distillation Of surface ex-
posed water may be required. New
emphasis on soil filtering to sub
surface levels. II found effective,
might be legally encouraged.
The experts agree that we have
much to learn about water and
how to use it well. This observa-
ton would appear equally apt
when applied to ways Of getting
more good water and to means OF
controlling its quality and dis
tribution.