River


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RIVER. A natural collection of waters, arising from springs or fountains, which flow in a bed or canal of considerable width and length, towards the sea.
     2. Rivers may be considered as public or private.
     3. Public rivers are those in which the public have an interest.
     4. They are either navigable, which, technically understood, signifies such rivers in which the tide flows; or not navigable. The soil or bed of such a navigable river, understood in this sense, belongs not to the riparian proprietor, but to the public. 3 Caines' Rep. 307; 10 John. R. 236; 17 John. R. 151; 20 John. R. 90; 5 Wend. R. 423; 6 Cowen, R. 518; 14 Serg. & Rawle, 9; 1 Rand. Rep. 417; 3 Rand. R. 33; 3 Greenl. R. 269; 2 Conn. R. 481; 5 Pick. 199.
     5. Public rivers, not navigable, are those which belong to the people in general, as public highways. The soil of these rivers belongs generally, to the riparian owner, but the public have the use of the stream, and the authors of nuisances and impediments over such a stream are indictable. Ang. on Water Courses, 202; Davies' Rep. 152; Callis on Sewers, 78; 4 Burr. 2162.
     6. By the ordinance of 1787, art. 4, relating to the northwestern territory, it is provided that the navigable waters, leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free. 3 Story, L. U. S. 2077.
     7. A private river, is one so naturally obstructed, that there is no passage for boats; for if it be capable of being so navigated, the public may use its waters. 1 McCord's Rep. 580. The soil in general belongs to the riparian proprietors. (q.v.) A river, then, may be considered, 1st. As private, in the case of shallow and obstructed streams. 2d. As private property, but subject to public use, when it can be navigated; and, 3d. As public, both with regard to its use and property. Some rivers possess all these qualities. The Hudson is mentioned as an instance; in one part it is entirely private property; in another the public have the use of it; and it is public property from the mouth as high up as the tide flows. Ang. Wat. Co. 205, 6.
     8. In Pennsylvania, it has been held that the great rivers of that state, as the Susquehanna, belong to the public, and that the riparian proprietor does not own the bed or canal. 2 Binn. R. 75; 14 Serg. & Rawle, 71. Vide, generally, Civ. Code of Lo. 444; Bac. Ab. Prerogatives, B 3; 7 Com. Dig. 291; 1 Bro. Civ. Law, 170; Merl. Repert, h.t.; Jacobsen's Sea Laws, 417; 2 Hill. Abr. c. 13; 2 Fairf. R. 278 3 Ohio Rep. 496; 6 Mass. R. 435; 15 John. R. 447; 1 Pet. C. C. Rep. 64; 1 Paige's Rep. 448; 3 Dane's R. 4; 7 Mass. Rep. 496; 17 Mass. Rep. 289; 5 Greenl. R. 69; 10 Wend. R. 260; Kames, Eq. 38; 6 Watts & Serg. 101. As to the boundaries of rivers, see Metc. & Perk. Dig. Boundaries, IV.; as to the grant of a river, see 5 Cowen, 216; Co. Litt. 4 b; Com. Dig. Grant, E 5.

References in periodicals archive ?
Renewing the long-neglected river, they say, would restore native habitats and wildlife, improve flood control and respond to a federal order to clean up polluted waters now spilling into the Pacific.
Only five native species remain of the eight that graced this stretch of the Colorado River before the dam began operation, explains ecologist Richard A.
Over the past decade, local groups like NEA have led the fight against river degradation by spending a great deal of time policing the polluters to stay in compliance with water quality standards.
This would be a great thing but it's really about walking the community through this plan to revitalize the river, and doing it in a way where the community is involved every step of the way and knowing why this is important.
On the downside, however, the reduction of sediment flow, however, contributes to subsidence and loss of land in many river deltas, says James P.
Flowing southeasterly 194 miles through mostly mixed riparian forest, the San Antonio drains 4,180 square miles in six counties before joining the Guadalupe River.
Still, as the renowned author and American Rivers board member Stephen Ambrose puts it: "Though few rivers have been subjected to human influence as much as the Missouri, no river possesses more potential for revitalization.
the data which are the object of negotiation, occurred on our own Colorado River at the beginning of the twentieth century.
Government has paramount responsibility for the regulation, servicing, and maintenance of the inland navigable waterways system of which the Ohio River is a part.
Wind River is the global leader in Device Software Optimization (DSO).
The trees of both the Amazon and the Black cannot be separated from their river.
Certain statements in this press release including, but not limited to, the anticipated release and benefits of new products, services and reference designs by Wind River and the resulting significant boost to the value of DSO are forward-looking statements that are subject to risks and uncertainties that could cause results to be materially different than expectations.