spring


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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 ?
The lie it was drawing me by is perhaps Spring's oldest, commonest lie,--the lying promise of the Perfect Woman, the Quite Impossible She.
Only the dead-looking evergreen firs dotted about in the forest, and this oak, refused to yield to the charm of spring or notice either the spring or the sunshine.
He told her that he had been enchanted by a spiteful fairy, who had changed him into a frog; and that he had been fated so to abide till some princess should take him out of the spring, and let him eat from her plate, and sleep upon her bed for three nights.
"How selfish I have been!" he said; "now I know why the Spring would not come here.
Four days later the grief-stricken mother herself went to the spring for water.
It was he who generally saw the first Eye-of-the-Spring deep down among the grasses, and the first bank of spring clouds, which are like nothing else in the Jungle.
Bleeding and coughing, already stricken, he sprang at the elder and fought while life faded from him, his legs going weak beneath him, the light of day dulling on his eyes, his blows and springs falling shorter and shorter.
The gracious spirit of spring pervaded the entire menu.
Ducks and geese frequent it in the spring and fall, the white-bellied swallows (Hirundo bicolor) skim over it, and the peetweets (Totanus macularius) "teeter" along its stony shores all summer.
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 !
"It's so nice to be alive in the spring," said the Story Girl one twilight as we swung on the boughs of Uncle Stephen's walk.
I told her, adding that he thought we should have a dry spring and that the corn would not be held back by too much rain, as it had been last year.