When the minerals and surface estates are severed, who owns the percolating groundwater:  the mineral owner of the surface owner?  The answer depends on the working of the reservation.  Typically, the deed recites that the seller conveys the surface and retains the MINERALS or OIL, GAS AND OTHER MINERALS.  If ground water is not mentions in the reservation, then it belongs to the surface owner.  Now we begin the types of water.  (1)  DIFFUSED SURFACE WATER – water from rainstorm or snowmelt with no defined course.  Retains this status till reaches a stream or lake or soaks into ground.  Belongs to owner, such as rain off a roof.   Continued next blog.