174 BOARD OF AGRICULTURE. 



called, or, lastly, have had the ditch opened by commissioners 

 appointed by the court under General Statutes, chap. 148. 



The rights and liabilities of farmers in surface-water are 

 very different in this State from those in flowing or running 

 streams. By " surface-water " is meant, not only that which 

 comes from falling rains and melting snows, but also that 

 which oozes out of the ground from springs or marshy places, 

 and which finds its way over the surface, or through the tus- 

 socks, but is not gathered into a bed or current like a brook 

 or rivulet. When once collected into a stream, with a bed 

 and banks, it loses its character as surface-water, and becomes 

 subject to different rules ; but, so long as it is only surface- 

 water, any man on whose land it is has a right to detain and 

 use the whole of it on his own land and for his own purposes, 

 and is not bound to let any portion of it flow on to the land 

 below, unless he wishes. On the other hand, he may turn 

 the whole of it on to the premises below him, whether grass- 

 land or cultivated field, even though it be a serious injury to 

 such neighbor (120 Mass. 99). If the latter wishes 'to pro- 

 tect himself, he must build up some embankment at the edge 

 of his land, and stop the flow, as he has a perfect right to do, 

 although he thereby makes quite a pond above, and injures 

 the crop there. And as the farmer may turn the surface- 

 water from his own land into yours, without being liable, so 

 a highway surveyor may conduct the road-wash on to you, 

 even though it sweeps sand and gravel into your best mow- 

 ing. If he turn a water-course on to you in that way, you 

 cannot sue him (15 Gray, 486), but may appeal to the select- 

 men, under General Statutes, chap. 44, sect. 10, to have it 

 changed ; but surface-water you must take or dam it up : 

 that you can do, but jom ought not to damn the surveyor for 

 turning it on to you. 



As to under-ground water, the law does not recognize any 

 right of ownership therein ; and consequently, if your neigh- 

 bor's well is fed by springs or under-ground rills from your 

 land, you may dig down on your land to any depth you 

 please, even near to the line ; and if, by chance, you cut off 

 the supplies to his well, and leave it dry, he must bear it as 

 well as he can (18 Pick. 117). But you must be careful in 

 digging not to let his land cave into your excavations, or you 

 may be responsible therefor. 



