 ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water...  Commentaries on American Law - Page 617by James Kent - 1884Full view - About this book
 | James Kent - 1866 - 726 pages
...alteration.8 No proprietor has a right t use the water, to the prejudice of other proprietors, above o below him, unless he has a prior right to divert it, or a title t some exclusive enjoyment.4 He has no property in the wate itself, but a simple usiifruct while it... | |
 | Nevada. Supreme Court - 1867 - 440 pages
...right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has...but a simple usufruct while it passes along. Aqua curret et debet currere ut currere solebat is the language of the law. Without the consent of the adjoining... | |
 | Nevada. Supreme Court - 1867 - 426 pages
...right to the use of the water which flows in the stream -adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has...but a simple usufruct while it passes along. Aqua curret et debet currere ut currere solebat is the language of the law. Without the consent of the adjoining... | |
 | John Hancock Klippart - 1867 - 478 pages
...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... | |
 | John C. Devereux - 1868 - 444 pages
...one, or with more costly materials. 21 1 What is the rule in respect to running waters f — 489. That no proprietor has a right to use the water to the...but a simple usufruct •while it passes along. Aqua man-it et debet currere ut currere solebat, is the language of the law. 22. May a right to easements... | |
 | Punjab (India) - 1869 - 838 pages
...of the water, which flows in the stream adjacent to his lands, as it was wont to flow ( cnrrere , ) without diminution or alteration. No proprietor has...of other proprietors above or below him, unless he have a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the... | |
 | 1888 - 564 pages
...right to the use of the water which flows in the stream adjacent to his lands as it is wont to run, without diminution or alteration. No proprietor has...water to the prejudice of other proprietors above him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 746 pages
...has naturally an equal right to the use of the water which flows in the stream adjacent to his lands. No proprietor has a right to use the water to the prejudice of other proprietors, above or below, unless he has acquired a prior right to divert it. He haa no property in the water itself, but a simple... | |
 | New York Chamber of Commerce - 1914 - 616 pages
...without diminution, pollution or alteration. No proprietor along the bank of a stream, however, has the right to use the water to the prejudice of other proprietors above or below him. These rights are inseparably annexed to the soil and pass with it, not as an easement or appurtenance,... | |
 | 1884 - 550 pages
...of fhe water which flows in the stream adjacent to his lands as it was wont to run (currere solebut) without diminution or alteration. No proprietor has a right to use the water to the prejndice of other proprietors above or below him, unless he has a prior right to divert it, or a title... | |
| |
