| OCR Text |
Show RHODE ISLAND 655 year. The Rhode Island court has stated that an artificial channel may constitute a watercourse if it receives water from springs and other natural sources and generally follows a course similar to the natural flow of the water in the area.41 3.1 Method of Acquiring Rights Rhode Island has adopted the riparian rights doctrine, and the right to use the waters of a stream or watercourse is derived from the ownership of land abutting a stream or through which a stream flows. This right is an incident of the ownership of the land adjacent to the watercourse, and consists of the right to make a reasonable use of the water as it flows by the riparian property.42 Riparian rights can also be acquired through purchase of the water independent of the land itself and can be separated from the land by deed or other instrument of conveyance.43 However, if a deed conveying riparian land is silent as to water use or water rights, the right to use the water passes with the riparian land.44 It is also possible to have an involuntary transfer of a riparian right through the doctrine of prescription and adverse use.45 3.2 Nature and Limit of Bights A riparian water right does not constitute ownership of the water in the stream, but rather, it is the right to make a reasonable use of water on riparian lands.46 This right of use is commonly defined as a usufructuary right, but the riparian right is a property right and may not be taken without the payment of just compensation.47 The Rhode Island court adopted the riparian rights doctrine in its earliest cases dealing with water, and stated that a riparian proprietor had the right to have the water of a stream flow by his land unobstructed and undiverted from its natural course without any material diminution.48 One recent decision even discussed ripar- ian rights in terms of the natural flow theory.49 But, taking the Rhode Island cases as a whole, it appears that the reasonable use rule prevails and that every riparian owner is entitled to make a reasonable use of a stream passing through his land.60 What con- stitutes a reasonable use has not been well defined by the Rhode Island court. Reasonable use usually depends on the individual circumstances of each case and there have been relatively few cases decided on this subject. The factors generally considered in deter- mining whether a use is reasonable include the size and nature of the stream, the nature of other uses on the stream, and the customs and needs of the area. " Miner \. Nichols, 24 R.I. 199, 52 Atl. 893 (1902). ^Lonsdale Co. v. City of Woonaocketj 25 R.I. 428, 56 Atl. 448 (1903). ^Cram v. Chase, 35 R.I. 98, 85 Atl. 642 (1913). "Lonsdale Co. v. City of Woonsocket, 25 R.I. 428, 56 Atl. 448 (1903). 45 Dyer v. Cranston Print Works Co., 22 R.I. 506, 48 Atl. 791 (1901). 49 Id, "Silver Spring B. d D. Co. v. Wanskuck Co., 13 R.I. 611 (1882) ; also see sec. 46-2-19. **0lney v. Fenner, 2 R.I. 211 (1852). **Hood v. Slefkin, 88 R.I. 178, 143 A. 2a 683 (1958). 60 Silver Spring B. d D. Co. v. Wanskuck Co., 13 R.I. 611 (1882) ; Lonsdale Co. v. City of Woonsocket, 25 R.I. 428, 56 Atl. 448 (1903). |
