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<br />19 <br /> <br /> <br />000788 <br /> <br />other; climatic conditions; the uses and customs of the neighbor- <br />hood; convenience in doing business, the indispensable public <br />necessity of cities and villages for drainage; and all other facts <br />which may bear upon the reasonableness of the use, <br /> <br />3, Ground Water <br /> <br />The Iowa Court has held that riparian rights attach to under- <br />ground streams which flow in well-defined channels capable of <br />being distinctly traced in the same manner as surface water- <br />courses, with necessary exceptions due to the difficulty of <br />returning water underground, Underground water is presumed <br />to be percolating water until it is proved that the water is nowing <br />in a definite channel. Apparently the only judicially imposed <br />restriction on the landowners right to use percolating water is <br />that he not waste it if such diversion and waste injures another <br />and prevents the latter from devoting the water to a beneficial <br />use, <br /> <br />4. Access to Lakes and Streams <br /> <br />Private owners of land along navigable streams own only to the <br />ordinary high water mark, the State retaining title to the bed <br />and banks. The Court has defined the ordinary high water mark <br />as the limit of the bed which the water occupies sufficiently long <br />and continuously to wrest it from vegetation and destroy its value <br />for agricultural purposes. The Iowa Court has held that, for <br />the purpose of fixing title to stream beds and banks, streams or <br />portions thereof meandered in the original government survey <br />are navigable streams, The owner of land fronting on a navigable <br />stream or lake has a right of access to the navigable part of <br />the stream or lake from the front of his land subject to the <br />paramount right of the state to construct or to authorize the con- <br />struction of improvements in aid of navigation (Peek v, Olson <br />Construction Co., 216 Iowa 519, 245 N. W. 13l), The general <br />public has no right to cross private property in getting to a <br />navigable stream or lake, <br /> <br />5, Diversion Between Basins <br /> <br />No rule has been enunciated by the Iowa Court regarding the <br />diversion of water out of the basin in which it occurs, Logically, <br />the diversion of water to another basin might be considered an <br />