spring


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See: accrue, arise, basis, derivation, ensue, fund, originate, origination, proceed, reason, redound, result, source, stem

SPRING. A fountain.
     2. The owner of the soil has the exclusive right to use a spring arising on his grounds. When another has an easement, or right to draw water from such a spring, acquired by grant or prescription, if the spring fails the easement ceases, but if it returns, the right revives.
     3. The waters which flow from the spring give rise to a variety of difficulties, the principal of which are, 1st. The owner of the inheritance in which the spring arises turns their course. The owner of the inferior estate, whose, meadow they fertilized, and who is deprived of them, claiming the right to them. 2d. The owner of the spring does not prevent the water from flowing on the inferior estate, but gives them a new direction injurious to it. 3d. The owner of the superior inheritance disposes of the water in such a way as to deprive the owner of the estate below him. The rights of these different owners will be separately considered.
     4.-1. The owner of land on which there is a natural spring, has a right to use it for domestic and culinary purposes and for watering his cattle, and he may make an aqueduct to another part of his land, and use all the water required to keep the aqueduct in order, or to keep the water pure. 15 Conn. 366. He may also use it for irrigation, provided the volume be not materially decreased. Ang. W. C. 34. Vide Irrigation; and 1 Root, 535; 2 Watts. 327; 2 Hill, S. C. 634; Coxe, 460; 2 Dev. & Bat. 50; 9 Conn. 291; 3 Pick. 269; 13 Mass. 420; 8 Mass. 136; 8 Greenl. 253.
     5.-2. The owner of the spring cannot lawfully turn the current or give it a new direction. He is bound to let it enter the inferior estate on the same level it has been accustomed to, and at the same place; for every man is entitled to a stream of water flowing through his land, without diminution or alteration. 6 East, 206; 2 Conn. 584. Vide 3 Rawle, 84 12 Wend. 330; 10 Conn. 213; 14 Vern. 239.
     6.-3. The owner of the superior inheritance, or of the land on which there is a spring, has no right to deprive the owner of the estate below him; 1 Yeates, 574; 5 Pick. 175; 3 Har. & John. 231; 12 Vern. 178; 13 Conn. 303; 3 Scam. 492; nor can be detain the water unreasonably. 17 John. 306; 2 B. C. 910. Vide Ham. N. P. 199; 1 Dall. 211; 3 Rawle's R. 256; Jus Aquaeductus; Pool; Stagnum; Back Water; Irrigation, Mill; Rain Water; Water Course.

References in classic literature ?
A mad piper, indeed, this spring, with his wonderful lying music,--ever lying, yet ever convincing, for when was Spring known to keep his word?
I urged the viscount to hold our weapons ready to fire and not to stray from camp, while I went on looking for my spring.
Well,' said the first bird, 'the spring is not far from here.
On the top of this mountain is a little hill which the idolatrous Agaus have in great veneration; their priest calls them together at this place once a year, and having sacrificed a cow, throws the head into one of the springs of the Nile; after which ceremony, every one sacrifices a cow or more, according to their different degrees of wealth or devotion.
Departure for the rendezvous A war party of Blackfeet A mock bustle Sham fires at night Warlike precautions Dangers of a night attack A panic among horses Cautious march The Beer Springs A mock carousel Skirmishing with buffaloes A buffalo bait Arrival at the rendezvous Meeting of various bands
Thrice did he spring forward with might and main to slay him, and thrice did Apollo beat back his gleaming shield.
Old Marheyo had a great love for the waters of the spring.
Somewhere down in the woods below a bird was trying over in a husky, reedy voice the first few notes of his spring song.
NOTHING earthly save the ray(Thrown back from flowers) of Beauty's eye, As in those gardens where the day Springs from the gems of Circassy - O
One fine evening a young princess put on her bonnet and clogs, and went out to take a walk by herself in a wood; and when she came to a cool spring of water, that rose in the midst of it, she sat herself down to rest a while.
In summer-time we say it is stifling; in winter that it is killing; in spring and autumn we find fault with it for being neither one thing nor the other and wish it would make up its mind.
Then the Spring came, and all over the country there were little blossoms and little birds.