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Show 598 ohio meet all riparian needs other than domestic use, then all of the riparian owners must bear their fair portion of the shortage.50 3.3 Changes, Sales, and Transfers The transfer of a riparian water right usually takes place as an appurtenance of the riparian land, but a riparian water right may be severed from the land and sold separately or reserved by the owner.51 Even though the court has allowed a riparian munici- pality to sell water to its own inhabitants when the inhabitants are not themselves riparian to the stream, it has ruled that a municipality may not sell water to persons outside the municipality and thereby materially deplete the stream.52 3.4 Loss of Rights Riparian rights are not subject to forfeiture, and the right to use water is not lost by nonuse of the water by the riparian owner. However, where the facts and circumstances justify it, the principle of estoppel is applicable to limit the right of riparian owner.53 The right of a riparian owner may also be lost to another person under the doctrine of adverse possession when the use is inconsistent with the riparian owner's right. But the party claiming a right by adverse possession must show that his use was in fact adverse and con- tinuous for the period of time required to establish such a right.54 3.5 Storage Waters, Artificial Lakes, and Ponds A riparian owner is entitled to reasonably detain or store waters for his use, but any storage is subject to the reasonable use limitation. However, a riparian owner who erects a dam across a watercourse in order to store water may not overflow the lands of another unless he has acquired a proper easement.55 A riparian owner is Kable for damages if his dam breaks during a normal flood resulting in damage to a lower proprietor's lands. Negligence on the part of the owner is presumed whenever a dam breaks during normal flood conditions.56 But, if a dam breaks as the result of an extraordinary, unprecedented flood that could not reasonably have been foreseen, the owner of the dam will not be held liable for the damages caused.57 The right to construct dams is also subject to certain State regulations as discussed in section 2.3.b., supra. 3.6 Springs When a spring is the source of a stream which flows from the land where the spring originates, the spring is considered part of ™City of Canton v. Shock, 66 Ohio St. 19, 63 N.E. 600 (1902). 51 Mallory v. Dillon, 18 O.L. Abs. 239 (Ct. App. Mahoning County 1934). ™City of Canton v. Shock, 66 Ohio St. 19, 63 N.E. 600 (1902). Bs Peter v. Caswell, 38 Ohio St. 518 (1882). <*Mann v. Hovitz Co., 175 Ohio St. 521, 196 N.E. 2d 764 (1964). 56 Fox v. Fostoria, 14 O.C.C. 471 (1897) rev'd. on other grounds 60 Ohio St. 340, 54 N.E. 370 (1899). 68 East Liverpool City Ice Co. v. Mattern, 101 Ohio St. 62, 127 N.E. 408 (1920). 67Lytle v. Pennsylvania Rd. Co., 91 Ohio App. 232, 108 N.E. 2d 72 (1951). |