LEGAL DEPARTMENT. 639 



benefit of it, as it passes through his land, to all useful purposes to which 

 it may be applied, and no proprietor of land on the same water-course has a 

 right to prevent it from flowing through his pi'emises, or obstructing it in 

 passing them, or to curb or destroy it." 



DIVERSION OF WATER. 



Every person who owns land situated upon a stream has the following 

 rights: First, to the natural flow of the stream; second, that the stream 

 should continue to run in its natural channel; third, that it should flow 

 upon his land in its usual quantity, and in its natural place; fourth, that 

 it should flow oE his land upon the land of his neighbor in its accustomed 

 place, and at its usual level. These rights he has, and cannot be 

 deprived of them, so the owner of property should not make a change in 

 the flow of the stream that would materially injure any other owner 

 situated upon it, or interfere with the stream flowing as it is its wont to 

 flow, or he will be responsible for the damage it will occasion. Of 

 course these rights are subject to the privilege of each owner to make 

 reasonable use of the water while it is passing through his land. A 

 diversion of the stream may be made by the owner of the land if it is 

 returned to its natural channel before it leaves his premises. 



Diversion of Water Beneatli tiie Surface. If the owner of land 

 without any intention of injuring his neighbor, and while making use of 

 his land for any lawful purpose, cuts off hidden currents, though he de- 

 stroys altogether the use of water which has no visible course, but has 

 been accustomed to flow into the land of his neighbor, an action cannot 

 be maintained against him for the diversion or stoppage of such water. 

 He may, therefore, drain the land, dig a well, open and work a mine, al- 

 though by so doing he may cut off the supply of water of the springs and 

 wells in his vicinity. But where the course of a stream is well known, 

 and it leaves the surface at some point and flows for a distance beneath 

 the surface, then emerges again, the owner of the land lower down upon 

 the stream has the same right as he would have if the stream remained en- 

 tirely above the ground. 



MILL PRIVILEGES. 



A person who has a natural stream of water flowing through his land, 

 has a right to use the water for mills, provided he does not cut off the 

 water from those living down the stream, and he is not liable for an ac- 



