Cairo Pickle Co. v. Muggridge

Wyatt, Justice.

1. “Running water, while on land, belongs to the owner of the land, but he has no -right to divert it from the usual channel, nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.” Code, § 85-1301.

The owner of land is entitled to the use of water of a non-navigable stream flowing through his land. Several lower riparian landowners have such a community of interest that they may join in a petition to restrain an upper proprietor or stranger from adulterating the water. See Horton v. Fulton, 130 Ga. 466 (60 S. E. 1059); Woodall v.…