Leadership

THE RIGHT TO TAKE WATER FROM STREAMS AND LAKES FOR PUBLIC WATER SUPPLY.

Issue 26 and Volume 1895 17.

THE RIGHT TO TAKE WATER FROM STREAMS AND LAKES FOR PUBLIC WATER SUPPLY. (Continued from last week.) I. PRIVATE STREAMS AND LAKES. REFERRING then, first to private streams and lakes the rights of the riparian owner are thus stated by Chancellor Kent: “Every proprietor of lands, on the banks of a river has naturally an equal right to the use of the wane which flows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it or a title to some exclusive enjoyment. Ho has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currcre ut currere solobet, is the language of the law. Though he may…

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