...(Vol. Ill, § 52), lays down these principles as to the former. Every proprietor of lands, he says, on the banks of a river, has naturally an equal right...stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other...

...principle governing this point is time stated by Chancellor Kent in his learned Commentaries (a): — " Every proprietor of lands on the banks of a river has naturally nn equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont...

...that it will be of advantage to cite it at length. " Every proprietor of lands on the banks of the river, has naturally an equal right to the use of...adjacent to his lands, as it was wont to run (currere soleoat), without diminution or alteration. No proprietor has a right to use the water to the prejudice...

...case made. The difficulty is to apply the law. The natural rights of riparian owners are well defined. Every proprietor of lands on the banks of a river, has naturally an equal right to tlie use of the water which flows in the stream adjacent to his lands, as it was wont to run, (airrerc...

...Cowen'x, Rep.518. And see the valuable note on page 536. Every proprietor of lands, says Chancellor Kent, on the banks of a river, has, naturally, an equal...stream adjacent to his lands, as it was wont to run, (currcre solebat,) without diminution or alteration. No proprietor has a right to use the water, to...

...property, and as incidental to it. The law is laid down by Chancellor Kent, in 3 Com. 439, thus : " Every proprietor of lands on the banks of a river...naturally an equal right to the use of the water. . . . He has no property in the water itself, but a simple usufruct as it passes along." " Aqua currit,...

...on this subject is most perspicuously stated, and it will be of advantage to cite it at length : " Every proprietor of lands on the banks of a river...stream adjacent to his lands, as it was wont to run, (currerc solebat,) without diminution or alteration. No proprietor has a right to use the water, to...

...trench or ditch, if by so doing he works no injury to the rights of others. Every proprietor of land on the banks of a river has naturally an equal right...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...

...his cattle, cannot avail himself of the insufficiency of the fences in excuse of the trespass, (a) i (7.) Of running waters. Important questions have arisen...adjacent to his lands, as it was wont to run, (currere solebal,) without diminution or alteration.2 No proprietor has aright to use the water, to the prejudice...

...Every proprietor of lands adjoining a stream, has naturally an equal right to the use of the water that flows in the stream adjacent to his lands, " as it was wont to run." Each may use the water while it runs upon his own land ; but he can not unreasonably detain it, or...