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Show new hampshire 491 3. Surface Waters In determining the rights of riparian owners to the waters of a stream, the New Hampshire court has not limited riparian rights of reasonable use to streams in well-defined natural channels,35 but has said that such riparian rights also attach to artificial watercourses which have permanently altered the course of the stream.36 3.1 Method of Acquiring Rights A riparian water right is an incident of the ownership of property which adjoins a stream,37 and arises by virtue of ownership of ad- joining land. The riparian right is not ownership of the corpus of the stream as such, rather, it is the right to make a reasonable use of the water.38 Although riparian rights are generally acquired by the purchase of riparian land, they may also be purchased independently from the land.39 In addition to voluntary transfers, riparian rights may be transferred involuntarily under the doctrine of adverse possession,40 and by the process of eminent domain for certain public purposes.41 3.2 Nature and Limit of Rights In general, each proprietor of land through which a stream flows has an equal right to the use of the water from the watercourse, but in order to assure a coequal use of the stream every riparian owner is subject to a reasonable use limitation.42 In other words, the use by one riparian owner cannot result in such a substantial and material diminution or alteration of the flow of the stream that it prejudices other riparian owners. For example, water cannot be accumulated behind a dam and then released to lower proprietors in unusual or excessive quantities at a time of year when such quantities of water would not be naturally in the channel.43 Neither can water be with- held from a lower landowner by a dam which causes an unreasonable depletion of the stream.44 Further, a lower landowner cannot ob- struct the streamflow and cause the water to flood the property of an upper landowner.45 A landowner is entitled to have the stream flow onto and off from his property in its natural and accustomed place.46 The riparian right extends to quality as well as quantity of water, and any deterioration in quality must not be unreasonable.47 ^Bassett v. Salisbury Mfg. Go., 28 N.H. 438 (1854); Taggert v. Jaffrey, 75 N.H. 473, 76 Atl. 123 (1910). » Taggert v. Jaffrey, 75 N.H. 473, 76 Atl. 123 (1910). »> Seacoast Water Gomm'n. v. Portsmouth, 106 N.H. 15, 203 A. 2d 360 (1966). ®>Gerri8h v. New Market Man. Co., 30 N.H. 478 (1854). ""Dewey v. Williams. 40 N.H. 222 (1860) ; Gillis 1. Chase, 67 N.H. 161, 31 Atl. 18 (1891). *°Norway Plains Co. v. Bradley, 52 N.H. 86 (1872). « Sees. 38 :1 to 38 :23 ; Seacoast Water Gomm'n v. Portsmouth, 106 N.H. 15, 203 A. 2d 360 (1966). 42 Tillotson v. Smith, 32 N.H. 90 (1855) ; Norway Plains Co. v. Bradley, 52 N.H. 86 (1872). *»Gerrish v. New Market Man. Co.. 30 N.H. 478 (1854). "Norway Plains Co. v. Bradley, 52 N.H. 86 (1872). 48Lancaster & Jefferson Electric Light Co. v. Jones, 75 N.H. 172, 71 Atl. 871 (1909). « Tillotson v. Smith, 32 N.H. 90 (1855). "Tillotson v. Smith. 32 N.H. 90 (1855) ; Wire v. Franconia Paper Corp., 107 N.H. 131, 218 A. 2d 360 (1966). |
