Cline v. American Aggregates Corp.

While examining the law of percolating waters as a member of the Tenth Appellate District in Huelsmann v. State (1977), 56 Ohio App. 2d 100 [10 O.O.3d 126], I stated that the modern day needs of our growing industrialized state may dictate a change in the law to provide for a greater conservation of one of our greatest natural resources. Id. at 105. At that time, however, it was my view that the General Assembly should accept the challenge to reconstruct the law pertaining to water rights. Since our legislators have not acted, I agree with this court’s adoption of Section 858 of the…