The Law of Watercourses

Traces the fascinating early responses of the law to the complex and controversial issues inherent in the subject.

This famous legal history traces the rise of the right to property in and use of a watercourse, i.e., bad banks, and running water, as well as incidental rights. The subject and legal responses to its problems are no less important today than when the book was originally written. The fascinating cases give great insight into the complex and controversial issues that arise. This treatise should be of great interest to all lawyers and environmentalists, as well as those who are curious in knowing how the law develops in response to a significant practical problem.

Joseph Kinnicut Angell was born in Providence, Rhode Island on April 30, 1794. He graduated from Brown University in 1813 and was admitted to bar 3 years later. From 1829 to 1831, he was editor of the Law Intelligence and Review. As reporter to the Rhode Island Supreme Court, he prepared the first published reports of that state. He wrote or co-wrote several books including Treatise on the Right of Property in Tide Waters, and Treatise on the Common Law in Relation Water-Courses. He died in Boston on May 1, 1857.

CHAPTER I. Meaning of Watercourse, and of the General Right of Property Therein
	Sections
Meaning of Watercourse	1-5
How the Private Right of Property in a Watercourse is Derived	5-10
How the Private Right of Property in a Watercourse is Apportioned between Opposite Riparian Owners	10-17
When Persons become Riparian Owners	17-41
Difference between a Boundary on a Watercourse and a Boundary on a Lake or Pond	41-44
CHAPTER II. Of Insular and Alluvial Rights, and of Right to Soil Relicted, as Incident to the Right of Property in a Watercourse
Islands	44-53
Alluvion	53-57
Reliction	57-60
avulsion	60-61
CHAPTER III. Of the Right of Fishery as Incident to the Right of Property in a Watercourse
Exclusive Right of Fishing in the Riparian Proprietors	61-71
Of a Several Fishery	71-75
Of a Free Fishery	75-77
Of a Common of Fishery	77-79
Right of Fishery as Derived from Special Grants	79-81
User of Private Fisheries	81-84
Obstruction of the Passage of Fish	84-90
CHAPTER IV. Of the Right of Use of the Water as a Corporeal Hereditament
Of the General Right of Use	90-97
Of the Injury by Diverting the Water	97-108a
Surface Water and Drainage	108a-109
Subterranean Diversion	109-114a
The Easement of Drip	114a-115
Of the Injury by Obstructing and Detaining the Water	115-120
Of the Right of Irrigation	120-130
Of the Effect of Prior Occupation by a Riparian Proprietor	130-136
Of the Injury by rendering the Water corrupt and Unwholesome	136-141
CHAPTER V. Of the Right to the Use of Water as Derived from Special Grants and Reservations
Of Natural and Artificial Easements	141-144
Extent of the Right Granted	144-153
"Mill and Appurtenances"	153-158
Secondary Easements	158-167
Lex Loci	167-168
How Easements in Watercourses are Created	168-173
Reservation of Water Rights in Grants of Land	173-191
Unity of Possession	191-200
CHAPTER VI. Of the Right to the Use of Water as Derived from Prescription, or from Presumed Grant
Foundations of Prescriptive Right	200-203
Grant as Presumed by Analogy to Act of Limitations	203-210
Adverse Enjoyment	210-224
Right acquired commensurate with Extent of Enjoyment	224-231
The Presumption as Relates to Parties not in Possession	231-237
Disabilities	237-240
Extinction of Presumed Water Rights	240-254
Public Rights	254-255
CHAPTER VII. Of the Right to the Use of the Water as Depending Upon Contracts and Agreements in Writing
The Use Subject to Special Agreement	255-256
Contracts and Agreements by Specialty, and Which Run with the Land	256-273
Contracts Personal	273-279
Arbitrament and Award	279-285
CHAPTER VIII. Of the Right to the Use of the Water as Depending Upon Parol and Verbal License
Difference Between an Easement and a Right by License	285-286
Extent of the Right derived from Parol Licenses in general	286-295
Extent of the Right derived from Parol Licenses Executed, and as Conveying an Interest in Land	295-318
The Equitable Doctrine Concerning Parol Licenses	318-326
The Doctrine of Estoppel as Applicable to	326-330
CHAPTER IX. Of Inundation and Backwater, Caused By the Use of the Water
Overflowing Land Above	330-335
Flooding Land Below	335-340
Backwater upon a Mill Above	340-350
Prior Occupation	350-353
Right to Overflow or Cause Backwater as Derived from Special Grants and Reservations	353-372
Prescriptions, or Twenty Years' Enjoyment	372-387
Parol Licenses	387-388
CHAPTER X. Of the Nature of the Injuries Done to, and by Means of, a Watercouse; the Remedies; and of the Parties, Pleadings and Evidence
Nature of Such Injuries	388-389
Remedy by Act of the Party	389-394
Remedy at Law	394-395
Action on the Case	395-398
By Whom to be Brought	398-402
Against Who to be Brought	402-405
The Declaration	405-422
Pleas	422-426
Evidence	426-440
Actions of Covenant and Assumpsit	440-444
Equitable Remedies	444-457
CHAPTER XI. Of the Right of Eminent Domain as Applied to Private Property in Watercourses
The Universality and Limit of the Right of Eminent Domain	457-458
As a Part of English :Law	458-461
As a Part of the Constitutional Law of the United States	461-466
Of the "Public Use"	466-472
Of the Nature and Kind of Compensation	472-475
Of the Provision for Indemnity	475-478
CHAPTER XII. Statutes for the Encouragement and Support of Mills, by Authorizing the Owners and Occupants Thereof to Overflow the Land of Other Persons
As Founded on Doctrine of Eminent Domain	478-480
The Provisions of Statutes of Different States	480-484
Their Effect in Abolishing the Common-Law Remedies	484-487
The Public Good as the Basis of Such Statutes, and Their Broad Provisions and Construction to this End	487-490
Do Not Authorize the Overflowing of Existing Mills	490-492
How and When the Land becomes Condemned to be Overflowed	492-496
How a Mill Once Used becomes Abandoned	496-500
Claim for Damages Waived by Parol	500-504
Prescriptive Right to Flow without Payment of Damages	504-507
In Respect to Land Overflowed Which is Under the Jurisdiction of Another State or of the United States	507-509
Of the Complaint Under the Statute of Massachusetts, and the Proceedings Following It	509-526
Of the Complaint Under the Statute of Maine, and the Proceedings Following It	526-535
CHAPTER XIII. Of Such Watercourses as Are Subjected to Public Use
When a Watercourse is a Public Highway	535-542
The Common-Law Distinction between Rivers Boatable and "Navigable" and How Far the Distinction Has Been Recognized	542-551
Public Right to the Banks of Public Rivers	551-554
Obstructions to the Navigation of Public Rivers	554-562
Remedies in Cases of Obstructions	562, et seq.
APPENDIX
Statutes of Massachusetts authorizing the Flowing of Land	739-745
Of Maine	747
Of Virginia	752
Of Rhode Island	756
Forms and Declarations	760
Petitions	769