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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... "
The Practice of the Law in All Its Departments: With a View of Rights ... - Page 188
by Joseph Chitty - 1833
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Reports of cases decided in: afterw. determined by the ..., Issue 2, Volume 1

William Pugsley - 1879 - 814 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...otherwise descend to the proprietors below, nor throw back the water upon the proprietors above. Every proprietor who claims a right to throw the water back...
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Some Account of the Work of Stephen J. Field: As a Legislator, State Judge ...

Chauncey F. Black, Samuel B. Smith - Constitutional history - 1881 - 556 pages
...estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietors...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...
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The Mining Reports: A Series Containing the Cases on the Law of ..., Volume 1

Robert Stewart Morrison - Mining law - 1883 - 768 pages
...Without the consent of the adjoining proprietors he can not divert or diminish the quantity of the water which would otherwise descend to the proprietors...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...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1884 - 776 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors, he can not 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 (fifteen under our statute), which is...
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The Pacific Reporter, Volume 21

Law reports, digests, etc - 1889 - 1166 pages
...channel when it leaves his estate. Without the consent of the adjoining pioprietors, he cannot divert or diminish the quantity of water which would otherwise...proprietors below, nor throw the water back upon the proprietor above, without a grant, or an uninterrupted enjoyment of twenty years, which isevidence...
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Pittsburgh Legal Journal, Volume 31

Law - 1884 - 542 pages
...restrictions : Zug v. Commonwealth, 20 PF Smith, 138. As riparian proprietors they have no right to diminish the quantity of water which would otherwise descend to the proprietors below, nor to throw back the water upon the proprietors above when the stream is at its ordinary stage, or in...
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Commentaries on American Law, Volume 3

James Kent - Law - 1884 - 730 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors, l>e cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, iior throw the water back upon the proprietors above, without a grant, or an uninterrupted enjoyment...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 4

Law reports, digests, etc - 1884 - 1040 pages
...which flow 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 of the other proprietors, no other' proprietor can either diminish the quantity of water which would otherwise descend to the...
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The Mining Reports: A Series Containing the Cases on the Law of ..., Volume 8

Robert Stewart Morrison - Mining law - 1885 - 760 pages
...channel when it leaves his estate. Without the consent of the adjoining proprietors he can not 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...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 22

United States. Supreme Court - Law reports, digests, etc - 1885 - 914 pages
...estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietors...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...
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