Boundaries. When land along the bank of a river is described as being bounded on the bank or, shore, instead of the Centre of the stream, then low-water nark on the shore will penally be the boundary line. Where land is bounded by a common law navigable stream` that is, one in which the tide ebbs and flows, the boundary is the high-water mark on the shore, and in some States in which there are large rivers that are navigable, although the tide does not ebb and flow, the boundary line is held to be low-water mark. The proprietor has a right, subject to government supervision, to erect wharves and piers extending to low water mark or into the c.hannel of the stream In deciding what .is low-water mark, the or &Wavy rise and fall of the water is taken into arrant. There is not a unanimity of legal all the States upon the subject of oTnecship of the beds of streams. owner of land on both sides of a stream not navigable may erect a dam and swell the water of the stream or form a pond up to the line of the land of the next owner up the stream. An owner of but one bank. can not, without permission, erect a dam beyond the thread of the river. The erection of dams has been encouraged by the legislatures in many of the States on the ground of public policy. The right to erect dams has been given to riparian owners even when they flow the lands above them, and in some cases permission has been given to riparian owners to erect dams across the stream, although they owned land only upon one side. In these cases the statutes authorizing the erection of such dams have pro vided the method of assessing and collecting damages. Riparian owners on navigable streams, whether navigable by nature, or de clared to be public highways by the legislatures of the States through which they flow, cannot erect dams across such streams without per mission of the legislature having jurisdiction, or Congress. This permission is granted in some States by general law, and in others, as in New York, by special laws. The legislatures in granting permission to erect dams always pro vide for ordinary navigation and for the mainte nance of fishways. The right given by legis latures and by Congress to erect dams is not a protection against injuries to private owners. Such owners have a right to collect damages.
Ferries.A ferry franchise is a right to transport passengers and property across a stream and to land at a particular place on its hank. In the United States this right is estab lished by legislative authority. It is the crea ture of a sovereign power and no one can exercise it without the consent of the State. It is within the control of the government. In England the right was granted by the Crown, or founded upon prescription. A ferry fran chise is real estate and can be sold like any other real estate.
Fishing. Ordinarily any person may take fish out of navigable streams if he can do so without trespassing upon the lands of private owners. In most of the States of the United
States as at common law the exclusive right to fish is in the owners of the banks of rivers that are not navigable unless otherwise appropriated by statute. This right, however, is subject to legislative control. The preservation of fish in the waters of a State is of such public concern sis to fall within the domain of legislative power, No owners of land have the right to obstruct the free passage of fish 'up and down the streams. The legislatures have the right regulate the taking of fish from private livers which are unquestionably private property.
Floods. Riparian ' ofnneks who collect water ow their land must keep such water under control at their peril, and dams erected for the purpose of confining water or creating pondi must be constructed with. such care and skill ns to make them capable of resisting usual and ordinary floods.
- Ice. Water congealed is ice. 'Ice 'formed upon private waters, and that includes rivers owned by individuals, is real estate and is the property of the owner of the soil over which It formed. In some of the States, however, as in, Michigan, it is held. as personal- proPerty and can be . sold as personal property. After it, is cut and removed it is always personal property. , The owners:of laud bordering upon navigable streams in.States where they are 'held tp be public property, have no title to the ice which:. forms on suck streams ; such ice belongs to the first person who appropriates it but generally toe forming upon pnvate fresh water streams belongs exclusively to the riparian proprietors and they may prevent others from removing. it and maintain trespa,ss against those who cut it without permission.
Irrigation. The right to take water from streams passing over land owned by individuals is regulated tly law, and differs in different States. The right, however, is generally recog nized that there may be a reasonable appropria tion, but no total diversion of the water.
When the State or the government intervenes and takes control of rivers for the purposes of irrigation, then the streams are to be used ac cording to the laws enacted for the purpose. This is so as to the use of all rivers that can be used for the general good of the public. The courts have jurisdiction over questions arising out of the use of rivers. The United States admiralty courts have jurisdiction over causes of action arising in the large rivers as they do in the Great Lakes and the sea and coast waters.
Bibliography. Lawson, 'Geography of River Systems' Napier, 'Lakes and Ruffner, 'Non-Tidal Rivers of the United States' ; Russel, 'Rivers of North America; Wheeler, 'Tidal Rivers' ; Morrill, 'Floods of the Mississippi River", Edward, 'Thousand Miles up the Nile' ; Keller, 'Amazon and Madeira Rivers.>