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 periodicals archive ?
Well the lingering odour hanging around Queen Street and St Mary Street isn't exactly springlike is it?
The Wisconsin team's infrared lasers pluck two springlike bonds to determine how different bonds in a molecule are connected.
9) "Bullish Factors Keep Gas Prices High Despite Springlike Weather", The Oil Daily, March 13, 2000, p.
Flex makes it easy to create characters with springlike movement and even cloth effects such as wind blowing through drapes.
This is particularly so in the small espresso bar, where black granite and stainless steel set off the firm's cafe chairs in pale springlike colours.
The open nature of the material also gives it a springlike effect, so that the operator can change the surface finish by changing the pressure.
It possessed a built in springlike action that walked you.
By design, the Big Bertha 454 reaches the maximum allowable level for springlike effect as measured by the USGA's new characteristic time (CT) test, and conforms to all USGA Rules.
Monday's springlike weather produced a high temperature of 65 degrees in Eugene, though that still fell short of the record for the day - 67 degrees back in 1930 - according to the National Weather Service in Portland.
Caption: Springtaits (Orchesella cincta shown) use a springlike appendage to flingtheir tiny bodies, long, into the air.
When asked what he plans to do when the first springlike day finally hits, Mr.