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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 ?
He said the reason for the added maritime improvement with the mini-marina and walkway, in addition to the earthen dam repair, is that the grant funds are designed to produce community improvement.
5 billion infrastructure in 1997 dollars has been developed in the form of these earthen dam structures," he says.
The tree removal is necessary because roots damage earthen dams, as recently determined by the state Office of Dam Safety.
During excavation for the earthen dam, it was discovered that the bedrock was further down than anticipated, resulting in more excavation work.
EAST BROOKFIELD - Voters here at a special town meeting Monday will be asked to spend $20,000 for surveying and engineering work related to plans to refurbish the earthen dam off Route 9 at Lake Lashaway at an estimated cost of over $400,000.
Ritter Park Associates had started construction on the improvements, including an earthen dam, but the developer suspended work before any homes were built.
Tenders are invited for Re-Sectioning D Tawa Earthen Dam Remead Measure Vtorti (Under Drip) Under Executive Enpneertawa Prefect Division Bars Dtstt-Hoshaganoad (Mr)
Selectmen at the last moment added a 22nd article, which calls for $20,000 to be expended on planning for the refurbishing of the earthen dam off Route 9 at Lake Lashaway.
Tenders are invited for Construction of WBM Approach Road to Right Earthen Dam and Railing at Tawa Maonry Dam Remedial Measure Work (Under DRIP) under Executive Engineer Tawa Project Division Itarsi Distt-Hoshaganbad (M.
EAST BROOKFIELD - The earthen dam off Route 9 at Lake Lashaway may need more of an upgrade than first thought.
Crews created an earthen dam to stop the flow of sewage to the barranca, unplugged the line and removed sewage on the surface and wastewater in the ditch.