The sections of this part which relate to the withdrawal, diversion, or storage of water do not deprive any person of the right to use diffused waters, to drain land by use of tile, open ditch, or surface drainage, or to construct an impoundment on the person’s property or across a stream that originates on the person’s property if provision is made for safe construction and for a continued established average minimum flow when the flow is required to protect the rights of water users below.