COMPULSORY COMPENSATION FOR WATER.

COMPULSORY COMPENSATION FOR WATER.

In the suit of the Lonsdale Water company against the city of Woonsocket, R. I., for an injunction restraining the city from diverting the natural flow of a certain stream from which the conutany took its water, the Appellate division of the Supreme court upheld the contention of the company as against that of the city, which insisted that it had the right to divert the flow because of its riparian ownership above the respondent, although the stream is not within the city limits. The first decision was in favor of the company and the sum of $187,795.97 damages was awarded. It was then decided by the Supreme court that the city had not taken advantage of legislation passed so as to condemn land for its waterworks system. The court quoted as an au thorite the statement that there can he no such thing as ownership of flowing water. The riparian owner may use it as it flows; he may dip it up and become the owner by confirming it, but. so long as it flows, it is free to all. Others also held that, while a city or company has the right of eminent domain to take a stream of water to supply a municipality, they can do so only by making compensation to those deprived of the use of the water.

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