Mimeo AE
REGULATIONS AND RIGHTS TO THE USE OF WATER FOR IRRIGATION
by Donald R. Sisson
Extension Agricultural Engineer
As an irrigation farmer, you must be sure of your water supply for several
years to come before investing several hundreds or even thousands of dollars in
irrigation equipment. At the present time, there are few specific written
regulations pertaining to pumping of water for irrigation.
During the years 1953 to 1955 when irrigation in Indiana was increasing
quite rapidly, many persons and water conservation agencies became quite alarmed.
It was thought irrigation was a water use that might permanently endanger water
supplies and water levels. Surveys and observations by the Indiana Department
of Conservation have shown that ground water levels and supplies are not being
threatened by irrigation. It is possible that irrigation could endanger water
levels and supplies during a period of several years extended drouth, but past
weather history gives no indication that there will be such a period.
One thing is certain - rates of water use for all purposes including irrigation will increase. At some time in the future, control of water use may
be necessary. For this reason, each irrigator will want to make himself aware
of regulations or impending legislation that would limit water use.
Common Law
Until very recent years in Indiana, there were no statute laws to regulate
or control the use of surface water or ground water for any purpose. The
common law riparian doctrine has prevailed in Indiana since before statehood.
Under the riparian doctrine, a landowner bordering on a stream is entitled to
have the full flow of the stream to come by his place undiminished in quantity
and unimpaired in quality. The same rule applies to natural lakes. This
doctrine has been modified to the extent that each riparian owner may make
reasonable use of the water. Water for domestic use and for livestock has
always been considered reasonable uses. Uses of water for irrigation and for
industry have not been defined as reasonable uses of   water. However, these
uses have gone on unchallenged.
Common law, as applied to the use of ground water, assumes the landowner
has absolute ownership of the water below his land, and that he has a right
to all the water a well can be made to produce. Under actual practice, a
landowner may not damage or impair the ground water supply on adjacent lands.
In case of litigation, a judge and jury may not always follow the rules ^ of
common law. A water user is never certain of his rights until a court decision
has been made.
Recent Legislation
In 1951, a ground water control law was passed by the Indiana legislature.
This law was designed primarily to conserve the state's ground water supply
by preventing waste of water for air conditioning purposes. However, this
law could apply where irrigation is causing ground water depletion. This law
gives the Indiana Department of Conservation the authority to designate any