266. Percolating water.

266.     Percolating water.

As there is no natural right in respect of water flowing in an undefined channel1, a mine2 owner who, in carrying on mining operations in the usual manner, drains away water from adjacent and superjacent land so that the wells and springs become dry is under no liability in respect of such drainage3; but the right to prevent the abstraction or diversion of water which percolates through the soil may be acquired by grant; thus a person who has conveyed land containing wells may be precluded from abstracting the water which