In most cities to-day the pollution of streams is prohibited on two
grounds, first, that the streams are public property, even though for a
part of their course they may be owned individually. The sum of the
parts making up the whole stream involves so many individuals as to
imply public ownership, and inasmuch as one individual is limited in
his uses of the stream by the principle already referred to, he cannot,
even on his own land, do what he pleases with a stream or with its
waters. When streams are navigable, according to the law of this
country, no private ownership can exist, for the waters are controlled
and owned by the federal government. This latter body, in general, does
not undertake to control the quality of such waters, but there are many
laws covering the quantity of water in such streams, limiting the
amounts that can be withdrawn, restricting the filling up or silting of
such streams, and qualifying the bridging or damming of such waterways.
In small streams, such as are generally found in rural communities, the
vital principle of ownership is always limited by the requirement that
no owner shall so interfere with the normal quantity or quality of water
in the stream as to prevent their full enjoyment by the next man
downstream whose rights are equal with his own. This means, in the
matter of quantity, that while one individual may water stock in a
stream or may pump water from a stream for household use, he may not
withdraw from the stream the entire volume to use for irrigation, nor
may he, as a riparian owner, sell the water to some city near by which
might take out all the water of the stream.
The quality of a stream, likewise, may only to a certain extent be
interfered with. If a stream flows through a meadow, cows pastured in
the meadow have a natural right to wade in the brook, and if, in so
doing, a certain amount of pollution is added to the waters of the
brook, no one downstream can justly complain.
If, however, a sewer is carried from barns or houses into a brook which
is later used for drinking purposes, the quality of the water is
affected, and such a discharge is so revolting to the senses that
complaint to the courts would result in an order to find some other
method of disposing of such wastes.
Public-domain text, read in full here on John Shaqi.
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