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Show CONNECTICUT 181 e. PUBLIC AND PRIVATE RIGHTS IN NAVIGABLE WATERS Navigable watercourses are those affected by the ocean tides or those where actual navigation may be carried forth in the prosecu- tion of some useful gain or occupation.67 The fact that a watercourse is navigable affects riparian rights because they are subject to public rights to transportation and navigation, recreational activity, and commercial use of sea produce.68 However, riparian owners on navi- gable streams have rights of access to navigable waters, including those of wharfage, channeling, reclamation, control over beaches, and the right to accretions formed on their riparian lands.69 3.3 Changes, Sales, and Transfers A riparian right cannot be sold or transferred without selling and transferring the land to which the right is annexed,70 but rights to use water, as distinguished from the riparian right itself, may be conveyed.71 However, lower riparian owners may complain if the water is used on nonriparian lands.72 A diversion by a nonriparian user may be enjoined by (and damages awarded to) a riparian owner who is able to show damages. It appears that a withdrawal by a nonriparian user is not unlawful per se and cannot be enjoined without a showing of actual damages.73 The court has upheld a release granted by lower riparians for the purpose of permitting upstream diversions.74 3.4 Loss of Rights Riparian rights are not forfeited by nonuse of the water, but the right to exercise or implement a riparian use of water-as dis- tinguished from the riparian right itself-may be lost by inaction on the part of a riparian owner. For example, the right to obtain re- lief from infringement of a riparian right may be lost through opera- tion of the doctrines of estoppel and laches.75 The right to use the water may also be lost when another person has acquired by prescrip- tion the right to make an inconsistent use of the water.76 While it was early held that prescription required only possession and not an adverse intent,77 later cases have said that a prescriptive right to use water may be acquired only by continuous adverse use for a period of fifteen years.78 The right to use water may, of course, be lost through condemna- tion of the right and payment of compensation by a public agency having the power of eminent domain. Further, the right to use waters for certain purposes may be restricted, limited, or prohibited e7Reis, Connecticut Water Law: Judicial Allocation of Water Resources. 17 (1967). «8 Id. at 115-130. 99 Id. at 130-137. ™ Harvey Realty Go. v. Wallington, 111 Conn. 352, 150 Atl. 60 (1930). KBrigham v. Ross, 55 Conn. 373, 11 Atl. 294 (1887). 72 Parker v. Qriswold, 17 Conn. 288 (1845) ; Sisters of St. Joseph Corp. v. Atlas Sand, G. & S. Co., 120 Conn. 168, 180 Atl. 303 (1895). 78Reis, supra note 1, at 44, 46. w Williams v. Wadsworth, 51 Conn. 277 (1883). 75 Johnson v. Lewis, 13 Conn. 303 (1839) ; Hickox v. Parmelee, 21 Conn. 86 (1851). 76 Ingraham v. Hutchinson, 2 Conn. 584 (1818). "Id. i8 Parker v. Hotchkiss, 25 Conn. 321 (1856). |