Definition of BACK-WATER


BACK-WATER

That water in a stream which, in consequence of some
obstruction below, is detained or checked in its course, or reflows.


2. Every riparian owner is entitled to the benefit of the water in its
natural state. Whenever, therefore, the owner of land dams or impedes the
water in such a manner as to back it on his neighbor above, he is liable to
an action, for no one has a right to alter the level of the water, either
where it enters, or where it leaves his property. 9 Co. 59, 1 B. & Ald.
258, 1 Wils. R. 178, 6 East, R. 203, 1 S. & Stu. 190., 4 Day, R. 244, 7
Cowen, R. 266, 1 Rawle, R. 218, 5 N. R. Rep. 232, 9 Mass. R. 316, 7 Pick.
R. 198, 4 Mason, R. 400, 1 Rawle, R. 27, 2 John. Ch. R. 162, 463, 1 Coxes.
R. 460. Vide, Dam, Inundation, Water-course, and 5 Ohio R. 322.


Source: Bouviers Law Dictionary 1856 Edition

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