Legal Term: WATER COURSE.

Definition: operty in the water itself, but a simple usufruct as it passes along. Agua currit et debet currere, is the language of the law. 3 Rawle, Rep. 84, 9 Co. 57, b.

6. Though he may use the water while it runs over his lands, he cannot unreasonably detain it or give it another direction, and he must return it to its ordinary channel when it leaves his estate. 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 proprietor above, without a grant, or an uninterrupted enjoyment of twenty years, which is evidence of it. 3 Kent, Com. 353, 1 Wils. R. 178, 6 East, 203, 1 Simon &, Stuart, 190, 2 John. Ch R. 162, 463, 4 Mass. R. 401 17 John. R. 321, 5 Ohio R. 822, 3 Fairf. R. 407, 8 Greenl. R. 268, 16 Pick. Rep. 247, 1 Coxes Rep, 460, Dig. 39, 3, 4, and 10, Pothier, Traite du Contrat de Societe, 2e app. n. 236, 237, Bells Law of Scotland, 691, Ang. on Water Courses, 12, 2 Conn. R. 584.

7. When there are two opposite riparian proprietors, each owns that portion of the bed of the river which is adjoining his land usque ad filum aquae, or, in other words, to the thread or central line of the stream, Harg. Tracts, 5, Holts Rep. 499, and if hydraulic works be erected on both banks, each is entitled to an equal share of the water. 1 Paiges Chanc. Rep. 448.

8. The water can only be used by each as an entire stream, in its natural channel, for of the property in the water there can be no severance. 13 John. R. 212.

9. But it seems that when an island is on the side of a river, so as to give the riparian owner on that side one-fourth of the water, the other is entitled to the whole of the three-fourths of the river. 10 Wend. Rep. 260. See, also, 13 Mass. Rep. 507, 2 Caines Cas. 87, 9 Pick. R. 528, 3 Kent, Com. 344, 345, 3 Rawles R. 84, 2 Watts, R. 327, 8 Greenl. R. 138, 253, 9 Pick. Rep. 59, 10 Pick. R. 348, 10 Wend. R. 167, Com. Dig. Action for Nuisance, A, 4 D. &, R. 583, S. C. 2 B. &, C. 910, 1 Campb. R. 463, 6 East, R. 208, 1 Wils. Rep. 174,, 1 B. &, A. 258, 5 Taunt. R. 454, 2 Esp. R. 679, 2 Hill. Abr. c. 14, 16, 17, Ham. N. P. 199, 1 Vin. Ab. 557 22 Vin. Abr. 525, 2 Chit. Bl. 403, n. 7, 3 Roll. 140, l. 40, Lois des Bat. part 1, c. 3, sed. 1, art. 3, Crabb on R. P. ,398 to 443. Vide River.

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