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Show 444 Missouri liability is simply that the obstruction caused the overflow which inflicted damage upon the property of another.45 However, under proper circumstances and substantiating facts, a right to obstruct a stream and flood the lands of another can be acquired by prescription.48 Ordinarily, while a landowner may make some changes in the channel of a stream while it is on his property, he is obligated to restore the stream to its natural channel before it reaches the adjoining land,47 but when the channel is changed so that it no longer flows onto the adjoining land and this situation is maintained adversely to the lower landowner for the prescriptive period, the upper owner is entitled to maintain the artificial chan- nel.48 Also, where there is an improper use of water by a riparian owner which is acquiesced in for a long period by another riparian landowner, the latter will be barred by the doctrine of laches from enjoining this use.49 C. RELATION OF LAND TO WATER Since the right to the enjoyment of the flow of a stream in its natural condition, subject only to the reasonable use of other riparian landowners, is an incident of the ownership of land abutting or across which a stream flows, the riparian right is dependent upon land ownership.60 In order to qualify as riparian land, the land must actually touch on the watercourse.51 D. TYPES OF USE RECOGNIZED The Missouri Supreme Court has recognized that every riparian owner has a right to supply his natural wants, which include domestic and stockwatering use, and this use has priority over other uses from the stream. Other, or secondary, uses of water which have been recognized by the Missouri courts include water for irri- gation and manufacturing purposes.52 Other uses, such as fish, wild- life, and recreation are discussed in section 2.3.b above. 3.3 Changes, Sales, and Transfers As noted above, riparian rights attach as an incident of the owner- ship of property abutting or across which a stream flows, and the right to the use of the water is transferred upon a conveyance of the real property.53 The Missouri courts have indicated that a riparian owner may expressly convey riparian rights to another by conveying only a nonabutting part of the riparian tract.54 « Corrington v. Kalicak, 319 S.W. 2d 888 (St. L. Ct. app. 1959). 46 Bird v. Hannibal and St. Joseph Railway Co., 30 Mo. app. 365 (1888). " Stough v. Steelville Electric Light & Power Co., 206 Mo. App. 85, 226 S.W. 295 (1920). « Smith v. Musgrove, 32 Mo. app. 241 (1888). *» Luesse v. County of Jackson, 347 S.W. 2d 683 (1961). 60 Bradley v. County of Jackson, 347 S.W. 2d 683 (1961). 61 Armstrong v. Westroads Development Co., 380 S.W. 2d 529 (St. L. Ct. app. 1964). 62 Bollinger v. Henry, 375 S.W. 2d 161 (1964) ; Dardenne Realty Co. v. Abeken, 232 Mo. App. 945, 106 S.W. 2d 966 (1937). 53 Bradley v. County of Jackson, 347 S.W. 2d 683 (1961). u Bradley v. County of Jackson, 347 S.W. 2d 683 (1961). |