Embrey v Owen

Facts

Upper riparian owners diverted water from a stream to irrigate meadow, then returned it, diminished, to the channel. The lower owner complained of the loss of volume.

Issue

May a riparian owner take water for an extraordinary purpose?

Held

The claim failed on the facts. A riparian owner may take water for ordinary purposes, and for extraordinary purposes connected with the land, if the use does not substantially affect the quality or the volume for those below.

Principle

Riparian use must be reasonable. A sensible irrigation, which does not materially injure the lower owner, is not actionable.

Why it matters

It is the starting authority on water flowing through land.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.