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Show VERMONT 741 It was announced in another decision that the riparian owner could convey the land without the water, the water without the land, or could grant a qualified right.66 Of course, a riparian owner cannot convey water in excess of the right to make a reasonable use, since this is the limit of the grantor's right,57 and he cannot sell more than he owns. A riparian right may be leased as well as sold.68 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.69 However, the court has held that, where justified by the facts, the principle of estoppel is applicable to limit the right of a riparian proprietor.60 The right of a riparian owner may be lost to another under the doctrine by adverse possession, but the person claiming to have ac- quired the prescriptive right to use water in his established manner must prove that his use was exclusive, continuous, adverse, and under a claim of right for the 15-year period required to establish such a right.61 3.5 Storage Waters, Artificial Lakes, and Ponds A riparian owner is entitled to store water to enhance his use, but any storage and subsequent use is subject to the reasonable use limitation.62 Further, to the extent there is a backing up of stored water so as to overflow the lands of another, a proper easement must be acquired.63 However, a flood easement may be acquired by pre- scription 64 if the adverse use elements mentioned above are proved. The right to construct dams is also subject to certain State regu- lations, as reviewed in section 2.3.b, supra. 3.6 Springs The Vermont court has defined a spring as a point from which water issues naturally from the ground, with a particular source of supply.65 With respect to the right to use the waters of a spring, it does not appear that any special legal rules apply. If the source of the spring is water flowing in a definite underground channel, then the water is treated as if it were a surface stream, and the owner of the land upon which the spring arises is entitled to have the tributary source protected, and he is entitled to make a reason- able use of the water.66 However, if the source of supply is perco- 56 Vermont Shade Roller Co. v. Burlington Traction Co., supra. w Lawrie v. Silsby, 82 Vt. 505, 74 Atl. 94 (1909). 68 Bergeron v. Forger, 125 Vt. 207, 214 A. 2d 85 (1965). ™Sowle8 v. Minot, 82 Vt. 344, 73 Atl. 1025 (1909) ; Clement v. Rutland Country Club, 94 Vt. 63, 108 Atl. 843 (1920). wGloyea v. Middlebury Electric Co., 80 Atl. 109, 66 Atl. 1039 (1907). 61 ArbucMe v. Ward, 29 Vt. 43 (1856); Clement v. Rutland Country Club, supra; Lawrie v. Silsby, 76 Vt. 240, 56 Atl. 1106 (1903). «»Lawrie v. Silsby, 82 Vt. 505, 74 Atl. 94 (1909). MPercival v. Williams, 82 Vt. 531, 74 Atl. 321 (1909). <*Dutton v. Stoughton, 79 Vt. 361, 65 Atl. 91 (1906). 88 Clement v. Rutland Country Club, 94 Vt. 63, 108 Atl. 843 (1920): Davidson v. Vaughn, supra. «• Fire Dist. No. 1 v. Oraniteville Spring Water Co., supra. |