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DAM. A construction of wood, stone, or other materials, made across a stream of water for the purpose of confining it; a mole.
     2. The owner of a stream not navigable, may erect a dam across it, and employ the water in any reasonable manner, either for his use or pleasure, so as not to destroy or render useless, materially diminish, or affect the application of the water by the proprietors below on the stream. He must not shut the gates of his dams and detain the water unreasonably, nor let it off in unusual quantities to the annoyance of his neighbors. 4 Dall. 211; 3 Caines, 207; 13 Mass. 420; 3 Pick, 268; 2 N. H. Rep. 532; 17 John. 306; 3 John. Ch. Rep. 282; 3 Rawle, 256; 2 Conn. Rep. 584; 5 Pick. 199; 20 John. 90; 1 Pick. 180; 4 Id. 460; 2 Binn. 475; 14 Serg. & Rawle, 71; Id. 9; 13 John. 212; 1 McCord, 580; 3 N. H. Rep. 321; 1 Halst. R. 1; 3 Kents Com. 354.
     3. When one side of the stream is owned by one person and the other by another, neither, without the consent of the other, can build a dam which extends beyond the filum aqua, thread of the river, without committing a trespass. Cro. Eliz. 269; 12 Mass. 211; Ang. on W. C. 14, 104, 141; vide Lois des Bat. P. 1, c. 3, s. 1, a. 3; Poth. Traite du Contrat de Societe, second app. 236; Hill. Ab. Index, h.t.; 7 Cowen, R. 266; 2 Watts, R. 327; 3 Rawle, R. 90; 17 Mass. R. 289; 5 Pick. R. 175; 4 Mass. R. 401. Vide Inundation.

References in periodicals archive ?
They said there were erosion conditions taking place on the earthen dam and the concrete on the weir was in poor condition.
Repairs to 10 of the Corps' 13 dams in the Willamette basin began a couple of years ago after inspections on all of the corps' Oregon dams, including those on the Columbia and Rogue rivers, revealed structural weaknesses in the spillway gates, a key safety feature on earthen dams that gives operators an extra way to release water if the usual methods - through the hydroelectric turbines or the regulating outlets - aren't sufficient.
four decades ago, James Chaney, Michael Schwerner and Andrew Goodman were murdered and found buried in an earthen dam, weeks after they had been arrested for speeding in 1964.
Their bodies were found 44 days later buried in an earthen dam.
It took investigators six weeks to find the bodies, which had been buried in an earthen dam.
The dramatic landscape is webbed with hiking routes such as six-mile Beaver Trail that winds through the hills, crosses an earthen dam, then rims the shoreline of Pounds Hollow Lake.
Tenders are invited for Work of srsp stage+ srsp-drilling of bore holes, supply and installation of open type casagrande porous tube piezometers at right and left side earthen dam of srsp.
Torrential rains caused a nearby artificial lake, created for a fishing and hunting resort, to spill over and weaken its earthen dam.
5 million repair of the earthen dam west of Eugene-Springfield.
Recognized worldwide for modeling, designing, and engineering hydraulic structures for agriculture, the Stillwater facility today specializes in studying how water erodes spillways and forms gaps in earthen dam walls or embankments.
The Mayak facility also has 200,000 Ci stored in a system of reservoirs that are in danger of overflowing an earthen dam, he reported.