2. The owner of the soil has the exclusive right to use a spring
arising on his grounds. When another has an easement, or right to draw water
from such a spring, acquired by grant or prescription, if the spring fails the
easement ceases, but if it returns, the right revives.
3. The waters which flow from the spring give rise to a variety of
diffi-culties, the principal of which are, 1st. The owner of the inheritance in
which the spring arises turns their course. The owner of the inferior estate,
whose, meadow they fertilized, and who is deprived of them, claiming the right
to them. 2d. The owner of the spring does not prevent the water from flowing on
the inferior estate, but gives them a new direction injurious to it. 3d. The
owner of the superior inheritance disposes of the water in such a way as to
deprive the owner of the estate below him. The rights of these different owners
will be separately considered.
4. - l. The owner of land on which there is a natural spring, has a
right to use it for domestic and culinary purposes and for watering his cattle,
and he may make an aqueduct to another part of his land, and use all the water
required to keep the aqueduct in order, or to keep the water pure. 15 Conn.
366. He may also use it for irrigation, provided the volume be not materially
decreased. Ang. W. C. 34. Vide Irrigation; and 1 Root, 535; 2 Watts. 327; 2
Hill, S. C. 634; Coxe, 460; 2 Dev. & Bat. 50; 9 Conn. 291; 3 Pick. 269; 13
Mass. 420; 8 Mass. 136; 8 Greenl. 253.
5. - 2. The owner of the spring cannot lawfully turn the current or
give it a new direction. He is bound to let it enter the inferior estate on the
same level it has been accustomed to, and at the same place; for every man is
entitled to a stream of water flowing through his land, without diminution or
alteration. 6 East, 206; 2 Conn. 584. Vide 3 Rawle, 84 12 Wend. 330; 10 Conn.
213; 14 Verm. 239.
6. - 3. The owner of the superior inheritance, or of the land on which
there is a spring, has no right to deprive the owner of the estate below him; 1
Yeates, 574; 5 Pick. 175; 3 Har. & John. 231; 12 Verm. 178; 13 Conn. 303; 3
Scam. 492; nor can be detain the water unreasonably. 17 John. 306; 2 B. C. 910.
Vide Ham. N. P. 199; 1 Dall. 211; 3 Rawle~s R. 256; Jus Aquaeductus; Pool;
Stagnum; Back Water; lrrigation, Mill; Rain Water; Water Course.
Source: Bouviers Law Dictionary 1856 Edition