Farm drainage: The Principles, Processes, and Effects of Draining Land with Stones, Wood, Plows, and Open Ditches, and Especially with TilesFrench, Henry F. (Henry Flagg)
Science
Farm drainage: The Principles, Processes, and Effects of Draining Land with Stones, Wood, Plows, and Open Ditches, and Especially with Tiles
French, Henry F. (Henry Flagg)
Drainage
"Every proprietor upon each bank of a river, is entitled to the
land covered with water in front of his bank to the middle thread
of the stream, &c. In virtue of this ownership, he has a right to
the use of the water flowing over it in its natural current,
without diminution or obstruction. The consequence of this
principle is, that no proprietor has a right to use the water to
the prejudice of another. It is wholly immaterial whether the party
be a proprietor above or below, in the course of the river, the
right being common to all the proprietors _on_ the river. No one
has a right to diminish the quantity which will, according to the
natural current, flow to the proprietor below, or to throw it back
upon a proprietor above."
Chief Justice Richardson, of New Hampshire, thus briefly states the same
position:
"In general, every man has a right to the use of the water flowing
in a stream through his land, and if any one divert the water from
its natural channel, or throw it back, so as to deprive him of the
use of it, the law will give him redress. But one man may acquire,
by grant, a right to throw the water back upon the land of another,
and long usage may be evidence of such a grant. It is, however,
well settled that a man acquires no such right by merely being the
first to make use of the water."
We are not aware that it has ever been held by any court of law, or even
asserted, that a land-owner may not intercept the percolating water in
his soil for any purpose and at his pleasure; nor have we in mind any
case in which the draining out of water from a well, by drainage for
agricultural purposes, has subjected the owner of the land to
compensation.
It is believed that a land-owner has the right to follow the rules of
good husbandry in the drainage of his land, so far as the water of
pressure is concerned, without responsibility for remote consequences to
adjacent owners, to the owners of distant wells or springs that may be
affected, or to mill-owners.
In considering the effect of drainage on streams and rivers, it appears
that the results of such operations, so far as they can be appreciated,
are, to lessen the value of water powers, by increasing the flow of
water in times of freshets, and lessening it in times of drought. It is
supposed in this country, that clearing the land of timber has sensibly
affected the value of "mill privileges," by increasing evaporation, and
diminishing the streams. No mill-owner has been hardy enough to contend
that a land-owner may not legally cut down his own timber, whatever the
effect on the streams. So, we trust, no court will ever be found, which
will restrict the land-owner in the highest culture of his soil, because
his drainage may affect the capacity of a mill-stream to turn the
water-wheels.
Public-domain text, read in full here on John Shaqi.
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