WATER FOR IRRIGATION. 135 



stream, between what may have been used for natural pur- 

 poses, and what has been used for artificial pui^poses. 



The supply for household purposes, to quench thirst, and 

 water for cattle, has been classed among the natural wants, 

 and these must be supplied or man and beast must perish. 



But the supply of man's artificial wants is not essential to 

 his existence, — it is not indispensable ; he could live if water 

 was not employed in irrigating lands, or in propelling his 

 machinery, however much it might be to his convenience or 

 profit. In some countries, where the climate is hot and arid, 

 water, being necessary for the cultivation of the soil, might 

 be a natural want for irrigation ; but here, although it might 

 increase the products, it is not indispensable for that purpose, 

 and cannot be regarded as a natural want ; and neither can 

 manufactures, of however much importance, be regarded as 

 absolutely necessary for man's existence. ^ 



The language of the Court as best defining the principles 

 governing this subject is as follows, to wit : " That an individ- 

 ual owning a spring on his land, from which water flows in a 

 current through his neighbor's land, would have the right to 

 use the whole of it, if necessary, to satisfy his natural wants. 

 He may consume all the water for- his domestic purposes, 

 including water for his stock. K he desires to use it for 

 irrigation, and there is a lower proprietor to whom its use is 

 essential to supply his natural wants, or for his stock, he must 

 use the water so as to leave enough for such lower proprietor. 

 Where the stream is small and does not supply water more 

 than suflicient to answer the natural wants of the difierent 

 proprietors living on it, none of the proprietors can use the 

 water for irrigation or manufactures. 



" So far as natural wants are concerned, there is no difficulty 

 in furnishing a rule by which riparian proprietors may use 

 flowing water to supply such natural wants. Each proprietor, 

 in his turn, may, if necessary, consume all the water for these 

 pui-poses. But where the water is not wanted to supply 

 natural wants, and there is not sufficient for each proprietor 

 living on the stream to irrigate his lands, how shall the water 

 be divided ? Without a contract or grant neither has a right 

 to use all the water ; all have a right to participate in its 

 benefits. While all have a right to participate in a common 



