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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.
"An estimated $8.5 billion infrastructure in 1997 dollars has been developed in the form of these earthen dam structures," he says.
The town previously applied unsuccessfully for a $400,000 state grant to pay the lion's share of the earthen dam upgrade, but officials plan to apply again, with hopes of success next time.
At the time of construction the only piece of heavy equipment at the camp was one bull dozer -- the rest of the work creating the earthen dam was done with shovels, wheel barrows, and human effort.
With the aid of previous state funding, a nearby cement dam and spillway at Lake Lashaway were improved within the past year, but when the state in 2006 provided a detailed report on the overall condition of the various floor control devices there, the earthen dam also was cited as needing improvement.
Tenders are invited for Providing and spreading murum on the side shoulder of alwandi ,vaitarna and saddle road and removing grass and bushes from the earthen dam embankment and toe drain of alwandi ,vaitarna and saddle dam.
Tenders are invited for Removing silt and repairs to toe drain of the vaitarna and alwandi earthen dam of vaitrna hydro electric project.
Tenders are invited for New Construction of Earthen Dam at Bagdubi under Gopegarh Beat of Midnapore Range (1 No.) under Medinipur Division in the District of Paschim Medinipur
Tenders are invited for Selection of bonafide persons/agencies/companies, including consortium and partnership firms to undertake Construction of Earthen Dam under Divisional Forest Office, Bankura (South) Division of West Bengal Forest Directorate.
Tenders are invited for New Construction of Earthen Dam at Dharampur under Bhimsole Beat of Pirakata Range (1 No.) and BoxibandhGarah under Dherua Beat of Chandra Range (1 No.) under Medinipur Division in the District of Paschim Medinipur.