RIPARIAN BIGHTS IN ENGLISH COLONIES. 51 



that the one central authority, being vested with ownership and control of both the land and the 

 water, should make it possible to so administer the two as to secure the greatest possible benefit to the 

 greatest number. 



PROVINCE OF VICTORIA, AUSTRALIA. 



Riparian rig-lits were abrogated in Victoria by the "irrigation act of 

 1886." The interpretation of the common-lavs^ rights which had vested in 

 riparian owners prior to that time is set forth in the following extracts from 

 opinions rendered in 1888: 



By the general law applicable to running streams every riparian proprietor has a right to what 

 may be called the ordinary use of the water for his domestic purposes and for his cattle, and this 

 without regard to the effect which such use may have in case of a deficiency upon proprietors lower 

 down the stream. But further, he has a right to the use of it for any purpose, or what mav be 

 deemed the extraordinary use of it, provided he does not thereby interfere with the rights of the 

 proprietors either above or Ijelow liim. Subject to this condition he may dam up the stream for the 

 purpose of a mill or divert the water for the purpose of irrigation. But he has no right to interrupt 

 the regular flow of the stream if he thereby interferes with the lawful u.se of the water by any other 

 proprietors and inflicts upon them a sensible injury. (Miner v. Gilmour, 12 Moore P. C.) 



A riparian proprietor has the right to use all water which he requires for domestic use and to 

 water his cattle, and is also entitled to take from the river for any other purpose any quantity of water 

 which will still leave in the river a sufficiency of water to substantially enable other riparian owners 

 lower down the stream to exercise similar rights. This riparian right is still preserved by the act No. 

 898 (irrigation act of 1886), as to persons who had such a right at the passing of the act. (John Mad- 

 den, Crown solicitor, in answer to inquiry from secretary of mines and water supply. ) 



In 1899 the following act relating to riparian rights was passed: 



A BILL to declare and amend the laws relating to riparian rights. 



Whereas it is advisable to define what are the special rights in the waters of rivers, streams, 

 water courses, lakes, lagoons, swamps, or marshes appertaining to the ownership of lands abutting 

 thereon, and to amend the law relating to .such rights: Be it therefore enacted by the Queen's Most 

 Excellent Majesty, by and with the advice and consent of the legislative council and the legislative 

 assembly of Victoria in this present Parliament assembled, and by the authority of the same as follows 

 (that is to say) : 



(1) This act may be cited as the riparian rights act 1899, and shall be read and construed as one 

 with the water act 1890 (hereinafter called the principal act). 



(2) This act and the principal act, and any act amending the same, may be cited together as the 

 water acts. 



Sections three and one hundred and fifty-three of the water act of 1890 are hereby repealed. 



Every owner of land alienated from the Crown before the fifteenth day of December, one thousand 

 eight hundred and eighty-six, abutting on a river, stream, water course, lake, lagoon, swamp, or marsh, 

 there being no reserve between such land and the bank, shall have a right to the use of the water in 

 the river, stream, water course, lake, lagoon, swamp, or marsh for the ordinary and domestic use of 

 himself and of his family and servants, and for the use of his cattle permanently depasturing on such 

 lands. 



Every such owner shall likewise have the right to take and divert water from such river, stream, 

 water course, lake, lagoon, swamp, or marsh for other uses on his riparian lands, provided such uses 

 have been bona fide habitually exercised by such owner for not less than twenty years prior to the 

 passing of the irrigation act of 1886. 



A right to the permanent diversion or to the exclusive use or to any other than the ordinary and 

 domestic use and the use of cattle of the water in any river, stream, water course, lake, lagoon, swamp, 

 or marsh attaching to the ownership of any riparian lands by length of use or otherwise than under 

 the provisions of some act of Parliament shall attach only to the riparian allotment as originally sold 

 by the Crown and not to any other lands of the same owner. It shall not attach to any lands separated 



