Cline v. American Aggregates Corp.

This court is today asked to reexamine the common law of Ohio as it is applied to ground water. The current standard recognizes no correlative rights with respect to ground water between adjoining landowners. This court last examined the issues encompassed in the present case in Frazier v. Brown (1861), 12 Ohio St. 294. In Frazier the “English rule” was applied to resolve any conflict involving percolating ground water.

This court stated in Frazier:

“* * * ‘[T]here are no correlative rights existing between the proprietors of adjoining lands, in reference to the use of the water in the earth,…