Italian Irrigation. 
201 
making: outlets a jior tT acqua, or "level with the surface of 
the water of the canal or reservoir," has been an obstacle in 
their path. 
X\"I. — The Law and Course of Legislation respecting Water. 
The laws affecting irrigation in Italy, as elsewhere, appear to 
have been based on immemorial usage; even the earliest record 
— the Statutes of Milan of 1216, preserved in the Ambrosian 
Library' — so regards them. Before this time, however, the ir- 
ruption of the Northern barbarians had given a shock to all pre- 
existing rights, which, though rude, may have been in some 
respects serviceable. All rights appertaining to the public had 
been centred in the feudal lord, who exercised them not merely 
for purposes of police, but as his absolute proijertg. As the fiels 
were large and few, in dealing with rivers and watercourses this 
state of property was favourable for a mutual understanding being 
arrived at. 
When the free Lombard League wrung from the Emperor 
Frederick L, the Peace of Constance, A.D. 1183, the Italian 
towns were not so much restored to their former rights, as en- 
dowed with all those latel}* vested in the feudal superiors, in- 
cluding the ownership of the rivers. Except in so far as the 
state has by sale or grant transferred its rights to individuals, 
corporations, or associations, this rule respecting rivers has been 
maintained ; and at the present day, " as in Lombardy so in 
Piedmont the right of property of all running water is reserved 
to the state." 
The free towns invested with full powers soon began to turn 
them to account. In 1216 Brunasio Porcha, Podesta of Milan, 
published a code of laws to regulate the use of water, which 
embodies all the leading ideas of modern legislation. The fol- 
lowing are its chief regulations : — 
" 1. Whoever has the right to obtain water from springs or 
rivers, or in any other manner whatsoever, can carry it through 
the fields and farms of any individual, commune, or public 
corporation in this state, and also across the public road. 
" 2. To this end he can construct the canals or channels, and 
other necessary works at the least possible inconvenience and 
injury to the proprietors of the farms, paying one-fourth more 
than the true value of the land thereby occupied. 
. " 3. In addition he must repair all .damages caused by the 
water, according to the estimate of two practical men (periti), — ■ 
provided, however, that the compensation for damages shall in 
no case exceed twice the value of the property damaged. 
" 4. He shall be bound to maintain in efficient repair, at his 
own expense, the bridges and drains required for the passage of 
