Dam

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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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
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.
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.