ouse and builds a
new one with windows of the same size and in the same places as in the
old one. A person cannot maintain an action against another for
cutting off his view unless the right has been expressly acquired.

The general rule with respect to the use of water is, any person
through whose land flows a stream may use it in a reasonable manner.
What is such a use has occasioned many a legal dispute, especially
among mill owners. Each one of them located on a stream may use the
water, but can they hold it back for any length of time? As a general
rule this can be done for a short time in order to get the use of the
power, if they could not, the water could run to waste and no one
would derive any benefit. Again, can any diversion be made of it? Any
use, almost, is a diversion. If one used water even to supply his
cattle, it would be a diversion, yet such a use ordinarily is lawful.
Suppose one had a very large herd, then the use might be excessive
especially in view of the needs of other users on the stream. A still
more important question has arisen of late concerning the fouling of
water. Has a factory the right of putting its dyestuffs into the
water, impairing its quality and rendering it unfit for use by all
below? This cannot be legally done. Can a stream be used as a sewer?
Naturally all the water in a valley flows downward and at last
reaches a stream running through it. As population increases the use
of streams becomes greater, and questions concerning their use more
difficult.

Suppose a land owner on the hillside wishes to use all the surplus
water, can he gather it and thus prevent its flowing to the land
below? He can. Can he build ditches or other obstructions whereby he
can collect the water and pass it to the land below in other than the
natural way? He cannot. On the other hand, the lower proprietor can,
if he pleases, make an embankment that will prevent the water from
coming upon his land. This, though, is not the law everywhere.

The owners of a well may prevent its overflow and thereby cut off
water that formerly ran into a stream. But the owner of a spring that
flows into the land of another cannot change its course, nor exhaust
the water, nor pollute it to the injury of another. Nor can surface
water be changed into a water course by impounding it. On the other
hand this rule does not apply to water or springs beneath the surface.
If in digging a well the source of supply to another is