and  the  Cause  and  Prevention  of  Floods. 
397 
middle  of  the  stream,  but  neither  proprietor  can  use  the  stream 
so  as  to  interfere  with  the  natural  How  of  the  water  to  the 
injury  of  the  other  riparian  proprietors  above  or  below.  He  is 
entitled  to  the  use  of  the  water  as  a natural  incident  to  the 
right  of  the  soil  itself,  as  he  is  to  all  other  advantages  belonging 
to  the  land  of  which  he  is  the  owner  ; and  he  has  the  right  to  have 
it  come  to  him  in  its  natural  state  in  flow,  quantity,  and  quality, 
and  to  pass  from  him  without  obstruction.  He  may  use  the 
water  for  turning  mills,  or  other  similar  purposes,  and  may 
divert  it  over  his  own  estate,  or  for  purposes  of  irrigation,  pro- 
viding he  again  returns  it  to  the  stream  with  no  other  diminu- 
tion than  that  due  to  the  evaporation  and  absorption  attendant 
on  irrigation  ; but  he  has  no  right  to  interrupt  the  regular  flow 
of  the  stream,  if  he  thereby  interferes  with  the  lawful  use  of 
the  water  by  other  proprietors,  and  inflicts  upon  them  a sensible 
injury.  Thus,  a riparian  proprietor  would  not  be  entitled  him- 
self to  establish,  or  permit  others  to  establish,  water-works  for 
the  supply  of  a town,  and  by  so  doing  divert  permanently  a 
portion  of  the  stream  from  its  natural  course,  to  the  damage  of 
other  riparian  proprietors.  On  the  other  hand,  he  is  bound  to 
submit  to  receive  all  water  that  comes  to  him  in  a natural  way, 
even  although  it  may  flood  his  land.  Unless  the  flow  of  the 
stream  is  increased  or  diverted  by  some  unauthorised  act,  he 
has  no  remedy,  but  must  submit  to  what  is  the  result  of  natural 
causes  ; but  a riparian  proprietor  will  be  liable  to  his  neighbours 
for  damage  if  he  diverts  or  interferes  with  the  stream,  or  brings 
upon  his  land  water  which  does  not  naturally  belong  to  the 
stream,  and  thereby  causes  damage.  And  if,  without  wilfulness 
or  negligence,  he  uses  the  stream  in  the  ordinary  way,  though 
mischief  thereby  ensue  to  his  neighbours,  he  will  not  be  liable. 
Thus  where  a stream  becomes  by  natural  causes  choked  with 
weeds  or  deposit,  and  in  consequence  overflows  adjacent  lands, 
there  is  no  common-law  remedy  to  compensate  the  owner  who 
may  be  damaged.  A riparian  proprietor  also  has  the  right  to 
protect  his  lands  from  floods  by  embankments,  provided  such 
works  do  no  injury  to  other  lands  ; but  he  is  not  entitled  to  con- 
struct works,  the  direct  effect  of  which  would  be  to  divert  the 
scour  of  the  water  from  his  own  banks,  and  throw  it  on  that  of 
his  neighbour. 
In  tidal  rivers  the  ownership  of  the  bed  of  the  stream, 
so  far  as  it  is  covered  by  a medium  high  tide,  is  in  the 
Crown,  under  the  management  of  the  Board  of  Trade,  ex- 
cept where  special  grants  have  been  made  to  Lords  of  the 
Manor,  adjoining  proprietors,  or  bodies  of  conservators  ap- 
pointed by  Act  of  Parliament.  The  Crown  is  also,  by 
virtue  of  the  office  of  Lord  High  Admiral,  entrusted  with 
the  Conservancy  of  all  navigable  rivers,  and  has  power  to 
