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Show 430 Mississippi natural flow concept. Also, the court lias announced that the right of a riparian owner extends to quality as well as quantity of water, and that an upper riparian owner has no right to pollute the waters of a stream.66 But there are other cases which discuss riparian rights in the con- text of reasonable use terms. For instance, an upper riparian owner has been allowed to improve and reclaim his land and in the process straighten the watercourse on his property, even though this acceler- ated the flow of the stream and increased the volume of water therein, so long as he restored the stream to its natural channel before it left his premise.57 In another situation, where a riparian owner was denied the right to construct a dam which would have caused the water to flow back upon an upper landowner's mill and destroy his water power, the language of the court suggested that some reason- able use of the stream would have been permissible.58 B. APPROPRIATION RIGHTS As far as appropriation permits issued after December 31,1968 are concerned, the Code recognizes that water resources should be put to "beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented." 59 Beneficial use is defined to mean the appli- cation of water to a "useful" purpose, but does "not include the waste of water." 60 Applications for permits to divert unappropriated water must be approved by the Board if the "proposed use does not preju- dicially and unreasonably affect the public interest." 61 The statutes do not list any order of preferences, except for domes- tic use, for which no application is required.62 Domestic uses include ordinary household uses, watering of livestock, and irrigation of gardens and lawns.63 The Board has authority to approve appropriations only as to water in excess of the average minimum streamflow or lake level.64 The decision to preserve the minimum flow from appropriation is a major limitation on diversions, but is a protection of instream values and "unused" riparian "rights." The "average minimum flow" is de- fined to be the average minimum daily flow occurring during each of the five lowest years in the period of the preceding 20 consecutive years.65 A similar definition is given for average minimum lake levels. 3.3 Changes, Sales, and Transfers It is assumed that water rights in Mississippi are appurtenant to the land, but, since there is no prohibition in the Water Code against «* Mississippi Mills Go. v. Smith, 69 Miss. 299, 11 So. 26 (1891). Am. Sand & Gravel Co. v. Rushing, 183 Miss. 496, 184 So. 60 (1938) ; Masonite Corp. v. Windham, 210 Miss. 90, 48 So. 2d 622 (1950). 67 Am. Sand & Gravel Go. v. Rushing, 183 Miss. 496,184 So. 60 (1938). 58 Liles v. Cawthorn, 78 Miss. 559, 29 So. 834 (1900). 69 Sec. 5956-01. 90 Sec. 5956-02 (e). 61 Sec. 5956-07. 63 Sec. 5956-04(a). e"Sec. 5956-02 (c). 84 Sec. 5956-04(c) and (d). 65 Sec. 5956-02(i) and (j). |