Cases on the Law of Water Rights

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... Cases on Water Rights and Irrigation CHAPTER I EXTENT OF RIPARIAN RIGHTS AND LIBERTIES Section i.--Use for Power BRITTON, BALDWIN'S EDITION OF NICHOLS' TRANSLATION pp. 289-290 5. Sometimes the soil is subject to a servitude by law, although not by any man's appointment, or by the establishment of peaceable seisin, as, for example, to the obligation that no one shall do anything in his own soil that may be a grievance or annoyance to his neighbor; of which annoyances there are various sorts; for some annoyances may be lawful, and in particular such as no neighbor can forbid another to do, as to erect a mill on his own soil; and some may be tortious, as if any one do in his own soil a thing which is a grievance to his neighbor, and which he by law may be prohibited from doing. For the law forbids any one to raise or heighten his pond so as to drown the tenement of his neighbor, or to make a ditch in his own soil whereby the water is diverted from his neighbor, or whereby it is hindered from remaining in its ancient course, or to do any act in his own soil whereby his neighbor may be less able to use his seisin of the servitude wherewith the soil is bound and charged to him, or to use his peaceable seisin where and when he ought, in all such ways as he was wont and ought to use it, in number, kind, quality, and quantity. 1--Irrigation ANONYMOUS Year Book 12 Edward III, Horwood's Edition, p. 464 The Assize came to recognize if James de T., J. B., and J. L. unjustly etc. diverted the course of a certain water in L. to the injury of the freehold of T. C. in L., since the first etc. And whereof the said T. complains that whereas there is a certain spring in L. from which spring the said water was wont to have its course to the messuage of the...