XVIII. '. GEORGE CHAMIER. 
- We have next to consider the question of navigation 
rights, as affecting the use of rivers and property in water. 
According to British Common Law the public right of — 
navigation only extends to tidal water. There is no public 
franchise for navigating rivers beyond that limit unless 
acquired by prescription or granted by some special Act. 
As a rule, according to Hnglish law, a river is held to belong 
to the riparian proprietors collectively. 
On the continent of Kurope and in America the right of 
navigation is more general, and applies to all the large 
streams that are available for regular ai:d permanent traffic. 
In those countries the great rivers form arteries of com- 
munication to the interiors of continents, between different 
States or distinct nations. They possess, therefore, an 
inter-State or international character. 
The right of navigation will naturally debar anyone from 
obstructing the traffic. Thus all weirs across a navigable 
river have to be provided with locks for the passage of 
boats. Apart, however, from a claim to unrestricted 
traffic, such as the condition of the stream may permit, 
the right of navigation involves no sort of property in the 
water or control of the stream. Riparian rights are there- 
fore not affected as far as the “ reasonable”’ use of the 
water is concerned. It is questionable if any State or 
private company would have the right to divert such a 
large proportion of a navigable river, as thereby to render 
the stream unnavigable. Where a river is regarded as a 
main thoroughfare, and involving inter-State or inter- 
national interests, any such diversion would be an infringe- 
ment of established rights, and clearly a wrong. Every 
State, however, has the full control and disposal of the 
tributaries of a main river, within its own territory, nor 
would any such restriction apply to flood waters. 
As a main river usually derives most of its volume from 
-tributaries along its course, it might be argued that the 
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