by John Marshall Harlan

“ A ruling which would allow a single riparian owner upon the pond created by this dam to take to himself one-half of the surplus water without having contributed anything towards the creation of such surplus or to the public improvement, would savor strongly of an appropriation of public property for private use. If any such water-power were incidentally created by the erection of a dam, it was obviously intended that it should belong to the public, and be used for their benefit, and not for the emolument of a private riparian proprietor. ”

“ If the erection of the dam and embankment be treated as an assertion of an exclusive right to the water-power in front of these lots, perhaps the maintenance of this dam and embankment may be regarded as a continuous deprivation of the rights of the riparian owner to such water-power, within the meaning of the constitutional provision. The act of deprivation continues so long as the canal company maintains its paramount and exclusive right to the use of the water flowing in front of such lot. ”

“ If the riparian owners were allowed to tap the pond at different places, and draw off the water for their own use, serious consequences might arise, not only in connection with the public demand for the purposes of navigation, but between the riparian owners themselves as to the proper proportion each was entitled to draw,-controversies which could only be avoided by the state reserving to itself the immediate supervision of the entire supply. ”