ates by common
law. In the dry-land states where water is scarce and is valuable for
irrigation, a special set of statutes has sprung up with the
development of irrigation in this country.

A stream on the farm is either public or private; its being navigable
or "floatable" (suitable for floating logs) determining which. Water
rights are termed in law "riparian" rights, and land is riparian only
when water flows over it or along its borders.

Green (Law for the American Farmer) says:

"Water is the common and equal property of every one through whose
land it flows, and the right of each land-owner to use and consume it
without destroying, or unreasonably impairing the rights of others, is
the same. An owner of land bordering on a running stream has the right
to have its waters flow naturally, and none can lawfully divert them
without his consent. Each riparian proprietor has an equal right with
all the others to have the stream flow in its natural way without
substantial reduction in volume, or deterioration in quality, subject
to a proper and reasonable use of its waters for domestic,
agricultural and manufacturing purposes, and he is entitled to use it
himself for such purposes, but in doing so must not substantially
injure others. In addition to the right of drawing water for the
purposes just mentioned, a riparian proprietor, if he duly regards the
rights of others, and does not unreasonably deplete the supply, has
also the right to take the water for some other proper uses."

Thus, the farmer who seeks to develop water-power from a stream
flowing across his own land, has the right to divert such a stream
from its natural channel--providing it is not a navigable or floatable
stream--but in so doing, he must return it to its own channel for
lower riparian owners. The generation of water-power does not pollute
the water, nor does it diminish the water in quantity, therefore the
farmer is infringing on no other owner's rights in using the water for
such a purpose.

When a stream is a dividing line between two farms, as is frequently
the case, each proprietor owns to the middle of the stream and
controls its banks. Therefore to erect a dam across such a private
stream and divert all or a part of the water for power purposes,
requires the consent of the neighboring owner. The owner of the dam is
responsible for damage due to flooding, to upstream riparian owners.

PART II

ELECTRICITY

CHAPTER V