Brown v. Kistler

Citations

• 190 Pa. 499
• 42 A. 885
• 1899 Pa. LEXIS 1051

Syllabus

<p>Waters — Water course — Defined channel — Riparian rights — Diversion of stream — Percolations.</p> <p>Water that is in the earth and finds its way through the soil by percolating or seeping, and has not a defined flow in a stream either under ground or above the ground, is absolutely the property of the man who owns the land in which that water is found; but where there is a defined stream, whether over or below the surface, the upper owner has no right unreasonably to divert the water to the injury of a lower owner.</p> <p>An upper riparian owner has the right to use the water for household purposes and .for watering stock, and also for manufacturing and other purposes, to an extent that is not unreasonable, bearing in mind the size of the stream.</p>