 | James Kent - 1832 - 536 pages
...currit et debet currere, is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it...when it leaves his estate. Without the consent of (he adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise... | |
 | Vermont. Supreme Court - 1843 - 598 pages
...proprietor above the right to use the water either in the natural channel, or an artificial one, but he must return it to its ordinary channel when it leaves his estate. 3 Kent's Com. 429. 3. The defendant contends that he is not liable, since the south channel upon his... | |
 | Asa Kinne - 1852 - 736 pages
...has a prior right to divert it, or to an exclusive enjoyment. He may use the water running over his land ; he cannot unreasonably detain it, or give it another direction ; and it must be returned to the ordinary channel when it leaves his estate and passes over the land of his... | |
 | John Bouvier - 1854 - 692 pages
...other proprietors, above and below him;(d) though he may use the water while it runs over his lands, he cannot unreasonably detain it, or give it another...when it leaves his estate. Without the consent of the inferior proprietor, he cannot divert or diminish the quantity of the water, which would otherwise... | |
 | John Scott, Great Britain. Court of Common Pleas - 1857 - 534 pages
...currit et debet currere,' is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it...leaves his estate. Without the consent of the adjoining proprie-' tors, he cannot divert or diminish the quantity of water which would otherwise descend to... | |
 | James Kent - 1858 - 728 pages
...he may use the water while it runs over his land as an incident to the land, he cannot uureasonably detain it, or give it another direction, and he must...diminish the quantity of water which would otherwise deseend to the proprietors below, nor throw the water back upon the proprietors above, without a grant,... | |
 | Andrew White Young - 1858 - 460 pages
...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 give it another direction...to its ordinary channel when it leaves his estate. He can not, by dams or any obstruction, cause the water injuriously to overflow the grounds of the... | |
 | William Blackstone, George Sharswood - 1860 - 874 pages
...ut airrcra solebat is the language of the law. Though the proprietor may use the water while it runs over his land as an incident to the land, he cannot...to its ordinary channel when it leaves his estate. 3 Kent, 537. Norton vs. Valentine, 14 Verm. 239. Arnold vs. Foot, 12 Wend. 330. Wadsworth vs. Tillotson,... | |
 | Nevada. Supreme Court - 1867 - 426 pages
...while it passes along. Aqua curret et debet currere ut currere solebat is the language of the law. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietor below, nor throw the water back upon the-proprietors... | |
 | Nevada. Supreme Court - 1867 - 440 pages
...while it passes along. Aqua curret et debet currere ut currere solebat is the language of the law. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietor below, nor throw the water back upon the... | |
| |
Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain It, or give it another direction, and he must return It to its ordinary channel when it leaves his estate. 
