22 MAKING A FISHERY. 



give a reasonable head for working is granted 

 to the miller, also the right to cut weeds 

 obstructing the flow of water either above or 

 below his mill. It is, I believe, held that with- 

 out any proviso in his lease the tenant of every 

 mill has these rights by the law of the land, but 

 on this point doubts are expressed by eminent 

 legal authorities. If, in addition to these, the 

 miller has any other rights of fishing, eel- 

 catching, keeping ducks on the water, &c, 

 they should be specified. In a water-meadow 

 country the farmer has usually the right to the 

 use of the water for flooding his meadows, and 

 naturally this includes the right of regulating 

 the hatches from the main river into the irriga- 

 tion carriers, as well as all hatches in these 

 ditches themselves. It should, however, be 

 clearly set forth in a fishing lease that the 

 farmer should have the right to sufficient water 

 for working his meadows, but that the fishing 

 lessee should be entitled to regulate the flow of 

 any surplus beyond the farmer's legitimate 

 requirements. These hatches are a fertile 

 source of annoyance to a fishing tenant, and 

 are often raised and lowered in the interests, 

 if not under the immediate control, of the local 

 poachers, who are thus enabled to levy a heavy 

 toll on the head of fish. Wherever possible, a 

 tenant should arrange that all these hatches 



