water cours

WATER COURSE. This term is applied to the flow or movement of the water in 
rivers, creeks, and other streams. 
     2. In a legal sense, property In a water course is comprehended under 
the general name of land; so that a grant of land conveys to the grantee not 
only fields, meadows, and the like, but also all the rivers and streams, 
which naturally pass over the surface of the land. 1 Co. Lit. 4; 2 Brownl. 
142; 2 N. Hamp. Rep. 255; 5 Wend. Rep. 128. 
     3. Those who own land bounding upon a water course, are denominated by 
the civilians riparian proprietors, and this convenient term has been 
adopted by judges and writers on the common law. Ang. on Water Courses, 3; 3 
Kent, Com. 354; 4 Mason's R. 397. 
     4. Every proprietor of lands on the banks of a river has naturally an 
equal right to the use of the water which flows in the stream adjacent to 
his lands, as it was wont to run (currere solebat) without diminution or 
alteration. 
     5. 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. He has no property in the water 
itself, but a simple usufruct as it passes along. Agua currit et debet 
currere, is the language of the law. 3 Rawle, Rep. 84; 9 Co. 57, b. 
     6. Though he may use the water while it runs over his lands, he cannot 
unreasonably detain it or give it another direction, and he must return it 
to its ordinary channel when it leaves his estate. Without the consent of 
the adjoining proprietors, he cannot divert or diminish the quantity of the 
water, which would otherwise descend to the proprietor below, nor throw the 
water back upon the proprietor above, without a grant, or an uninterrupted 
enjoyment of twenty years, which is evidence of it. 3 Kent, Com. 353; 1 
Wils. R. 178; 6 East, 203; 1 Simon & Stuart, 190; 2 John. Ch R. 162, 463; 4 
Mass. R. 401 17 John. R. 321; 5 Ohio R. 822; 3 Fairf. R. 407; 8 Greenl. R. 
268; 16 Pick. Rep. 247; 1 Coxes Rep, 460; Dig. 39, 3, 4, and 10; Pothier, 
Traite du Contrat de Societe, 2e app. n. 236, 237; Bell's Law of Scotland, 
691; Ang. on' Water Courses, 12; 2 Conn. R. 584. 
     7. When there are two opposite riparian proprietors, each owns that 
portion of the bed of the river which is adjoining his land usque ad filum 
aquae; or, in other words, to the thread or central line of the stream; 
Harg. Tracts, 5; Holt's Rep. 499; and if hydraulic works be erected on both 
banks, each is entitled to an equal share of the water. 1 Paige's Chanc. 
Rep. 448. 
     8. The water can only be used by each as an entire stream, in its 
natural channel; for of the property in the water there can be no severance. 
13 John. R. 212. 
     9. But it seems that when an island is on the side of a river, so as to 
give the riparian owner on that side one-fourth of the water, the other is 
entitled to the whole of the three-fourths of the river. 10 Wend. Rep. 260. 
See, also, 13 Mass. Rep. 507; 2 Caines' Cas. 87; 9 Pick. R. 528; 3 Kent, 
Com. 344, 345; 3 Rawle's R. 84; 2 Watts, R. 327; 8 Greenl. R. 138, 253; 9 
Pick. Rep. 59; 10 Pick. R. 348; 10 Wend. R. 167; Com. Dig. Action for 
Nuisance, A; 4 D. & R. 583; S. C. 2 B. & C. 910; 1 Campb. R. 463; 6 East, R. 
208; 1 Wils. Rep. 174;; 1 B. & A. 258; 5 Taunt. R. 454; 2 Esp. R. 679; 2 
Hill. Abr. c. 14, 16, 17; Ham. N. P. 199; 1 Vin. Ab. 557 22 Vin. Abr. 525; 2 
Chit. Bl. 403, n. 7;  3 Roll. 140, l. 40; Lois des Bat. part 1, c. 3, sed. 
1, art. 3; Crabb on R. P. Sec. 398 to 443. Vide River.