Mier v. Citizens Water Co.

Citations

• 250 Pa. 536
• 95 A. 704
• 1915 Pa. LEXIS 983

Syllabus

<p>Water companies — Eminent domain — Appropriation of stream— Legal formalities — Improper talcing — Improper use of waters iaken —Bights of riparian owners — Equity—Injunction.</p> <p>1. The presumption is that a water company appropriates the waters of a stream under its charter for a lawful purpose.</p> <p>2. The legal formalities necessary for the condemnation of the water of a stream by a water company are sufficiently complied with where the company adopts a resolution that “for the purpose of supplying the public with water, and for its corporate purpose,” the company takes and appropriates all the waters of certain named streams, designating in such resolution the tracts of land' affected by the appropriation, and attaching plots showing the location of the lands, dams, intakes and other works of the condemning company, and where it further appears that locations had been staked on the ground, and as thus marked had been adopted by resolution of the company. The failure of the resolution to say in terms that the waters appropriated were intended to supply the public in the borough which the company was incorporated to supply, naming such borough, is immaterial where it states that the waters appropriated were taken for the “corporate purpose” of the water company.</p> <p>3. The taking of water by a water company for the direct supply of the public in townships and municipalities where the company has no legal right to furnish such is ultra vires and will be enjoined at the instance of a riparian owner affected, but where the taking is mainly for the purpose of supplying citizens within the proper territorial limits of the company, the furnishing of a small supply to persons outside of the limits is a mere incident of the main purpose and the taking will not be enjoined, and in such case if the water company exceeds its corporate powers by making an improper use of the water which it takes, it is answerable to the Commonwealth alone.</p>