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 ?
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.
he said; "now I know why the Spring would not come here.
And the other children, when they saw that the Giant was not wicked any longer, came running back, and with them came the Spring.
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.
But that spring, as he told Bagheera, his stomach was changed in him.
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.
dandelions, with whose golden blooms Walter had crowned her his queen of love and future bride--dandelions, the harbingers of spring, her sorrow's crown of sorrow--reminder of her happiest days.
Perhaps on that spring morning when Adam and Eve were driven out of Eden Walden Pond was already in existence, and even then breaking up in a gentle spring rain accompanied with mist and a southerly wind, and covered with myriads of ducks and geese, which had not heard of the fall, when still such pure lakes sufficed them.
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
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
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.