Cole v. Bradford

It is true that "it is the well-settled general rule that a riparian proprietor has a right to have the water of a stream flow down to his land as it is wont to run, in its natural mode and course, undiminished in quantity and unimpaired in quality” (27 R. C. L. 1091, § 30), and that, “as against riparian owners below, upper proprietors are entitled to have the water flow from their lands to the same extent” (27 R. O. L. 1093, § 30), and therefore that a lower riparian owner will not be allowed to do any acts such as are not necessary and legitimate for use and enjoyment of his abutting…