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Show VERMONT 739 the State's natural resources. The committee may adopt policies and plans for the comprehensive development of the natural resources of the State.85 At the local level of government, cities and towns have the author- ity to construct, own, and operate water supply systems, and may acquire water rights and construct water systems through purchase or condemnation proceedings.36 3. Surface Waters Surface waters of a watercourse are those which flow in a certain direction in a well-defined channel.37 A surface stream does not lose its identity because it follows a definite and ascertained subterranean channel for part of its course.38 3.1 Method of Acquiring Rights A riparian water right arises by virtue of the ownership of land abutting a stream, and is an incident of the ownership of the land adjacent to the watercourse.39 The right does not constitute owner- ship of the water itself but rather is a usufructuary right, or a right to use the water. The continued existence of the riparian right does not depend upon use of the water by the riparian owner.40 While riparian rights may be acquired by purchase of riparian land, they may also be purchased separate from the land. A riparian right may be separated from the land by deed or other instrument of conveyance, but if the deed is silent with respect to water use or water rights, the water right is transferred as part of the riparian land.41 There may be an involuntary transfer of a riparian right by adverse possession (prescription) if the claimant is able to prove all of the elements necessary to establish such a right.42 3.2 Nature and Limit of Bights Every riparian owner is entitled to make a reasonable use of the water, and what is reasonable is a question of fact to be determined in each case from the size, character, and general nature of the stream.43 Thus, use of water by a riparian proprietor must not de- prive others of equal enjoyment of the stream,44 but this limitation does not prevent an upper riparian owner from making a reasonable use of the water even though there is some slight inconvenience to downstream users.45 !«V.S.A. 10, sees. 21-33. a'V.S.A. 30, sees. 3301 et seq. 37 Fire Diet. No. 1 v. Graniteville Spring Water Co., supra. * Davidson v. Vaughn, 114 Vt. 243, 44 A. 2d 144 (1945). " Ohatfleld v. Wilson, 31 Vt 358 (1858) ; Lawrie v. Silsby, 76 Vt. 240, 56 A/tl. 1106 (1903). 40 Ohatfleld v. Wilson, 31 Vt. 358 (1858) ; Martin v. Bigelow, 2 Aikins 80 (1827). °-Rood v. Johnson, 26 Vt. 64 (1853) ; Vermont Shade Roller Co. v. Burlington Tr. Co., 102 Vt. 489, 150 Atl. 138 (1930). 42 Clement v. Rutland Country Club, 94 Vt. 63, 108 Atl. 843 (1920); Lawrie v. Silsby, 76 Vt. 240, 56 Atl. 1106 (1903). «Lawrie v. Silsby, 82 Vt. 505, 74 Atl. 94 (1909) ; Fraser v. Nerney, 89 Vt. 257, 95 Atl. 501 (1915) ; Kasuba v. Graves, supra. ** Lawrie v. Silsby, 76 Vt. 240, 56 Atl. 1106 (1903). 45 Kasuba v. Graves, supra. 499-242-73------48 |
