SPRING. A fountain. A natural source of water, of a definite and well-marked ex tent. 6 Ch. Div. 264 (C. A.). A natural chasm in which water has collected, and from which it either is lost by percolation, or rises in a defined channel. 41 L. T. Rep. (N. S.) 457. The water issuing by natural forces out of the earth at a particular place. It is not a mere place or hole in the ground, nor is it all the water that can be gathered or caused to flow at a particular place. A well is not necessarily a spring, nor is water which by the expenditure of labor can be gathered into a reservoir. Furner v. Sea bury, 135 N. Y. 50, 31 N. E. 1004.
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 ; Wadsworth v. Tillotson, 15 Conn. 366, 39 Am. Dec. 391. He may also use it for irrigation, provided the volume be not materially decreased ; Ang. Waterc. 34. See TWiSS v. Baldwin, 9 Conn. 291 ; Hoy v. Sterrett, 2 Watts (Pa.) 327, 27 Am. Dec. 313; Merritt v. Parker, 1 N. J. L. 460 ; Blanchard v. Baker, 8 Greenl. (Me.) 253, 23 Am. Rep. 504. But it is held that a statutory provision that a person on whose land a spring rises shall have a prior right to its flow does not apply to a spring which is the fountain head of living water courses; Miller v. Wheeler, 54 Wash. 429, 103 Pac. 641, 23 L. R. A. (N. S.) 1065.
The owner of a spring cannot lawfully turn the current or give it a new direction.
He is bound to let it enter the inferior es tate on the same level it has been accustom ed to, and at the same place, for every man is entitled to a stream of water flowing through his land without diminution or al teration ; 6 East 206 ; Ingraham v. Hutchin son, 2 Conn. 584. See M'Calmout v. Whitak er, 3 Rawle (Pa.) 84, 23 Am. Dec. 102 ; Ar nold v. Foot, 12 Wend. (N. Y.) 330 ; Norton v. Volentine, 14 Vt. 239, 39 Am. Dec. 220.
Where one conveyed a spring or well to be enjoyed without interruption, and after wards conveyed contiguous property to a railway company whose works drained the water from the land before it reached the spring, on an action for breach of agree ment, held, that the grantor had only con veyed the flow of the water after it had reached the spring, and therefore there was no breach; 41 L. T. (N. S.) 455 (C. A.). See 15 L. J. .(N. S.) Ex. 315. Where the value of land was enhanced by a spring, it was held ratable for taxation at such improved value; 1 M. & S. 503.
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 ; Anthony v. Lapham, 5 Pick. (Mass.) 175; Johnson v. Lewis, 13 Conn. 303, 33 Am. Dec. 405 ; Evans v. Merriweather, 3 Scam. (Ill.) 492, 38 Am. Dec. 106; nor can he detain the water unreasonably ; Merritt v. Brinkerhoff, 17 Johns. (N. Y.) 306, 8 Am. Dec. 404; 2 B. & C. 910. See InaroKrior; SUB TERRANEAN WATER; SURFACE WATER; WA TER-COURSE,