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Show RHODE ISLAND 657 The Rhode Island court has recognized that waters may only be used by riparian owners on riparian lands.63 However, as noted above, the court has concluded that a city or town which is riparian to a watercourse is not considered a riparian owner.64 3.3 Changes, Sales, and Transfers The sale and transfer of riparian water rights generally occurs as a part of the transfer of title to the riparian land.65 However, ri- parian water rights may be separated from riparian land by a deed or other instrument and may be reserved or conveyed apart from the riparian land.66 Of course, the grantor cannot convey anything beyond his right-which is a reasonable use of the water. 3.4 Loss of Rights Riparian rights are not subject to forfeiture or loss from non- use, but a riparian right may lose to another under the doctrine of adverse use.67 In order for a person to acquire a right to the use of the water of a stream by adverse possession, there must be an adverse hostile and continuous use for the entire prescriptive period.68 Further, the mere use of water is not sufficient to obtain such a right unless the owner is excluded from the use of the water by the ad- verse claimant.69 3.5 Storage Waters, Artificial Lakes, and Ponds As discussed above, the right of a riparian owner to detain waters of a stream or obstruct their flow for riparian purposes is subject to the reasonable use limitation.70 Also, the construction and opera- tion of dams and mill ponds is subject to certain regulation and con- trol. It is provided by statute that a person may construct and maintain a mill and dam on a stream, but if the flow of the water is substantially interfered with, causing damage to a lower riparian, the lower landowner may bring civil action in the superior court of the county in which the dam is located to recover damages.71 This same act allows an upper riparian owner to recover damages from the operation of a mill dam by a lower riparian owner if the lower dam materially decreases the flow available to upper riparian owners or floods upper riparian lands. The upper riparian may bring a civil action to recover any damages which he suffers.72 The Rhode Island court has ruled that the statutory remedy for damages is exclusive and a mill dam owner cannot be enjoined from backing water upon the land of another.73 In addition to acquiring an ease- <*Lonsdale Co. v. City of Woonsooket, 25 R.I. 428, 56 Atl. 448 (1903). "Id. o5 Id. MCram v. Chase, 35 R.I. 98, 85 Atl. 642 (1913). "Dyer v. Cranston Print Works Co., 22 R.I. 506, 48 Atl. 791 (1901). 68 Id. 89 Id. ™ Silver Spring B. d D. Co. v. Wanshuck Co., 13 R.I. 611 (1882) ; Losdale Co. v City of Woonsocket, 25 R.I. 428, 56 Atl. 448 (1903). » Sec. 46-18-1 and 46-18-2. » Sec. 46-18-1 to 46-18-9. ™Bull v. Valley Falls Co., 8 R.I. 42 (1864). |