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Spring

conn and water

SPRING. A fountain.

2. The owner Of the soil has the exclusive right to use a spring arising on his mounds. 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.

The owner of land on which there is a natural spring has a right to use it for do mestic and culinary purposes and for water ing his cattle, and he may make an aque duct 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, pro vided the volume be not materially decreased. Angell, Wat.-C. 34. See I Root, Conn. 535 ; 9 Conn. 291 ; 2 Watts, Penn. 327 ; 2 IIill, So. C. 634 ; Coxe, N. J. 460 ; 2 Dev. & B. No. C. 50 ; 8 Mass. 106 ; 13 id. 420 ; 3 Pick. Mass. 269 ; 8 id. 136 ; 8 Me. 253.

3. The owner of the spring cannot law fully turn the current or give it a new direc tion. He is bound to let it enter the inferior estate on the same level it has been ac customed to, and at the same place, for every man is entitled to a stream of water flowing through his land without diminution or altera, tion. 6 East, 206 ; 2 Conn. 584. See 3 Rawle, Penn. 84 ; 12 Wend. N. Y. 330 ; le Conn. 213 ; 14 Vt. 239.

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, Penn. 574 ; 5 Pick. Mass. 175 ; 3 Harr. & J. Md. 231 ; 12 Vt. 178 ; 13 Conn. 303 ; 4 Ill. 492 ; nor can he detain the water unreasonably. 17 Johns. N. Y. 306 ; 2 Barnew. & C. 910. See 1 Dall. Penn. 211 ; 3 Rawle, Penn. 256 ; 13 N. H.