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Show INDIANA 297 causing the stream to overflow and damage the lands of other riparian owners has also been held to be unreasonable.45 The riparian right is not limited to onstream use. A riparian owner may divert and consume the waters of a watercourse if this action does not unreasonably interfere with the use of the water by other riparian owners.46 However, a person may not permanently divert such quantities of water that lower riparians cannot make a reasonable use of the water, and if a person makes a material or sub- stantial diversion of the water he must return the flow to the water- course before it leaves his property.47 As noted earlier, the riparian right extends to water quality as well as quantity, and if a riparian owner causes a substantial reduction in the quality of the water which materially interferes with other riparian owners use of the water, it is an unreasonable and unlawful use of the water.48 As a general proposition, the riparian owner whose right is impaired by the reasonable use of another riparian owner may recover for any damages suffered, and also may obtain an injunction against any further impairment of his right.49 However, the riparian owner claiming an impairment of his right must show that the act complained of caused him actual and perceptable damage.50 3.3 Changes, Sales, and Transfers The sale and transfer of riparian water rights usually takes place as part of the transfer of title to the riparian land, but as noted earlier, riparian water rights can be severed and transferred or reserved apart from the riparian land.51 However, the riparian owner cannot convey water in excess of the right to make a reasonable use since that is the limit of his right and he cannot sell more than he owns.52 3.4 Loss of Rights Riparian rights are not subject to forfeiture and the right to use water is not lost by the nonuse of the water by the riparian owner.53 However, the riparian owners right to use water may be lost by adverse possession if the person claiming the prescriptive right to the use of water can show that he has had exclusive, continuous, and adverse use under claim of right for 20 years.54 However, the 20-year prescriptive period does not begin to run until the person against whom the right is claimed has sustained actual and perceptible dam- age from the use by the adverse claimant.55 « Lower v. Loge Realty Co., 138 Ind., app. 434, 214 N.E. 2d 400 (1966). 48 Muncie Pulp Co. v. Koontz, 33 Ind., app. 532, 70 N.E. 999 (1904). "Valparaiso City Water Co. v. Diokover, 17 Ind., app. 233, 46 N.E. 591 (1897) ; and Dilling v. Murray, 6 Ind. 324 (1855). *8Muncie Pulp Co. v. Koontz, 33 Ind., app. 532 70 N.E. 999 (1904). "City of Loganaport v. Vhl et ah, 99 Ind. 531 (1884). 60 Valparaiso City Water Co. v. Diokover, 17 Ind., app. 233, 46 N.E. 591 (1897). 51 Oity of Logansport v. Vhl et ah, 99 Ind. 531 (1884). 62 City of Elkhart v. Christiana Hydraulics, 223 Ind. 242, 59 N.E. 2d 353 (1945). 68 Id. **City of Logansport v. Vhl et ah, 99 Ind. 531 (1884). M Valparaiso City Water Co. v. Dickover, 17 Ind., app. 233, 46 N.E. 591 (1897). |
