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WATER RIGHTS

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Originally appearing in Volume V28, Page 385 of the 1911 Encyclopedia Britannica.
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WATER RIGHTS . By the See also:law of See also:England the See also:property in the See also:bed and water of a tidal See also:river, as high as the See also:tide ebbs and flows at a See also:medium See also:spring tide, is presumed to be in the See also:crown or as a See also:franchise in a grantee of the crown, such as the See also:lord of a See also:manor, or a See also:district See also:council, and to be extra-parochial. The bed and water of a non-tidal river are presumed to belong to the See also:person through whose See also:land it flows, or, if it See also:divide two properties. to the riparian proprietors, the rights of each extending to midstream (ad medium Scrum See also:aquae). In See also:order to give riparian rights, the river must flow in a defined channel, or at least above ground. The diminution of underground water collected by percolation, even though malicious, does not give a cause of See also:action to the owner of the land in which it collects, it being merely damnum sine injuria, though he is entitled to have it unpolluted unless a right of pollution be gained against him by See also:prescription. The right to draw water from another's well is an See also:easement, not a profit a prendre, and is therefore claimable by See also:custom. As a See also:general See also:rule a riparian proprietor, whether on a tidal or a non-tidal river, has full rights of user of his property. Most of the See also:statute law will be found in the See also:Sea See also:Fisheries Acts 1843 to 1891, and the See also:Salmon and See also:Freshwater Fisheries Acts 1861 to 1886. In certain cases the rights of the riparian proprietors are subject to the intervening rights of other persons. These rights vary according as the river is navigable or not, or tidal or not. For instance, all the riparian proprietors might combine to divert a non-navigable river, though one alone could not do so as against the others, but no See also:combination of riparian proprietors could defeat the right of the public to have a navigable river maintained undiverted.

End of Article: WATER RIGHTS

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