 | Economics - 1853 - 498 pages
...consequently no one can have the right to use the water to the prejudice of any other without his consent. No proprietor can either diminish the quantity of water which would otherwise descend upon the proprietors below, nor throw back the water upon the proprietors above, so as to overflow... | |
 | Law - 1854 - 836 pages
...but there is no property in water. Without the consent of the other proprielors, who may be affecled by his operations, no proprietor can either diminish...quantity of water, which would otherwise descend to the proprielors below, nor ihrow the water back on the proprietors above. Every proprietor who claims a... | |
 | Joseph Kinnicut Angell - Water - 1854 - 732 pages
...Vice-Chancellor, in Wright v. Howard,2 — " Without the consent of the other proprietors, who may be affected hy his operations, no proprietor can either diminish the quantity of water, which would descend to the proprietor below, nor throw the water back upon the proprietors above. Every proprietor... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1855 - 736 pages
...prietor of half the land covered by the stream ; but there is no " property in water." Again : — " Without the consent] of the " other proprietors who...would ".otherwise descend to the proprietors below, or throw the water " back on the proprietors above. Every proprietor who claims a " right either to... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1856 - 614 pages
...to some exclusive enjoyment. Without the consent of the adjoining proprietors, he can not divert or diminish the quantity of water which would otherwise...descend to the proprietors below; nor throw the water Nov. Term, back upon the proprietor above, without a grant, or an Io54. uninterrupted enjoyment of... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 534 pages
...when it leaves his estate. Without the consent of the adjoining proprie-' tors, he cannot divert or diminish the quantity of water which would otherwise...nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it. This is the... | |
 | James Kent - Law - 1858 - 728 pages
...adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise deseend to the proprietors below, nor throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it. (6) 2 This... | |
 | Sir John Budd Phear - Riparian rights - 1859 - 140 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water, which would otherwise descend to the proprietors below, nor NATURAL RIGHTS OF WATER. irrigation, or from otherwise temporarily diverting it in any other way, provided... | |
 | William Blackstone, George Sharswood - Law - 1860 - 874 pages
...which flows in the stream ; and, consequently, no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent...would otherwise descend to the proprietors below, or throw the water back upon the proprietors above. Every proprietor, who claims u right either to... | |
 | William Selwyn - Nisi prius - 1861 - 874 pages
...which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor?- Without the consent...which would otherwise descend to the proprietors below (o), nor throw the water back upon the proprietors above, livery proprietor who claims a right either... | |
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Though he may use the water while it runs over his land, 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... 
