92 A

1. The waste of that class of mineral waters holding in solution natural mineral salts and an excess of carbonic acid gas is hereby declared to be unlawful. 2. Waste defined. The permitting of the flow or escape of that class of mineral waters defined in section ninety of this article shall be deemed a waste thereof, unless such flow shall be necessary to the care, protection or preservation of the spring or well, or for the purpose of the actual use of the owner or occupant of the land or others with his consent, including the sale or commercial use of the waters or gases flowing therefrom. The permitting of such flow, except for the immediate use or sale of such waters or gases or the immediate service to the public, for a longer period than twenty-four hours in any one month, shall be presumptive evidence of the waste thereof, unless authorized by the commissioner of parks and recreation as provided in section ninety-two-b of this article.