OCR Text |
Show CONNECTICUT 179 3.1 Method of Acquiring Bights Since Connecticut has adopted the doctrine of riparian rights as its basic water law,45 the right to use the waters of a stream is ac- quired by virtue of acquiring ownership of land abutting the stream. One cannot acquire the full measure of a riparian right without acquiring riparian land, because the right cannot be severed from the land in Connecticut. However, a riparian may grant to others certain rights to use water (short of a conveyance of the riparian right), so long as the place of use is not on nonriparian land, as more fully discussed in section 3.3, infra. 3.2 Nature and Limit of Bights a. NATURE OF THE RIGHT While the riparian right is inseparably annexed to the soil and is a part of the land itself,48 the right is merely usufructuary-it is a right to use the water but does not constitute ownership of the water itself.47 And this is true even though the riparian owner owns the bed of a nonnavigable watercourse.48 But the riparian right is a property right which is entitled to the same constitutional protection accorded other property rights.49 The continued existence of the riparian right does not depend upon diversion or use of the water by the riparian owner.50 b. MEASURE OF RIPARIAN LAND Riparian rights can be exercised only for the benefit of riparian lands,51 and water cannot be used by a riparian owner on land lo- cated outside the watershed of origin, since such application would eliminate the return flow and thus damage downstream riparians.52 Since the right is appurtenant only to lands which touch the water- course, problems arise upon the subdivision of riparian land, since a conveyance of a portion of the previously riparian land does not carry with it a portion of the riparian right.53 An open question in Connecticut is whether or not land adjacent to riparian land and within the watershed may be purchased by the riparian owner, in- creasing the amount of riparian land and thus the extent of the riparian right. Most states do not allow such an enlargement of the water right. C. REASONABLE USE The riparian right in Connecticut is limited by the doctrine of reasonable use. This doctrine requires that each riparian owner use the water in a reasonable manner so as not to destroy, render useless, 15 Buddington v. Bradley, 10 Conn. 213 (1834). *8 Wadsworth v. Tillotson, 15 Conn. 366 (1834). "Parker v. Chriswold, 17 Conn. 288 (1845) ; Gaser v. Carlson, 146 Conn. 288, 150 A. 2d302 (1959). «Parker v. Griswold, 17 Conn. 288 (1845). 46 Watt Brothers & Co. v. Wateroury, 72 Conn. 531, 45 Atl. 154 (1900) ; Adams v. Greenwich Water Co., 138 Conn. 205, 83 A. 2d 177 (1951). 60 Buddington v. Bradley, 10 Conn. 213 (1834). **¦ Williams v. Wadsworth, 51 Conn. 277 (1883). BS Stamford Extract Manufacturing Co. v. Stamford Rolling Mills Company, 101 Conn. 310, 125 Atl. 623 (1924) ; Williams v. Wadsworth, 51 Conn. 277 (1883). 68Harvey Realty Company v. Wallingford, 111 Conn. 352, 150 Atl. 60 (1930). 499-242-73------13 |