Wisconsin Reports (Volume 90); Cases Determined in the Supreme Court of Wisconsin

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1895. Not illustrated. Excerpt: ... Green Bay & Mississippi Canal Co. vs. Kaukauna Water Power Co. 90 370 Ism Si3 Green Bay & Mississippi Canal Company, Respondent, vs. Wzm Kaukauna Water Power Company and others, imp., 90 3 DEGREES Appellants. S33 iai 443 Green Bay & Mississippi Canal Company, Respondent, vs. 645,1 Patten Paper Company (limited) and others, imp., Ap pellants. Green Bay & Mississippi Canal Company, Respondent, vs. Hewitt and another, imp., Appellants. December 22, 18H -- June SO, 1895. Waters: Dams: Riparian rights: Improvement of navigation: Surplus water: Use for power: Diversion: Prescription: Judgment on appeal . 1. As a general rule, the owner of a dam and the water power created by it must return the water to the stream in such a manner and at such a place as not to deprive lower riparian owners of its use as it has been accustomed to flow past their lands. 2. The right of the state to improve the Fox river for the purpose of aiding its navigation was superior to the rights of riparian owners, and it might take and divert, absolutely and without compensation, so much of the water as might be required for that purpose. 3. The state could not lawfully make a dam or any other improvement in the Fox river for the sole purpose of creating a water power to be leased for manufacturing purposes, if such improvement would work injury to a lower riparian owner; but where a dam was made by or under the authority of the state for the bona fide purpose of aiding navigation, and incidentally there was a surplus of water available for power, such power might be leased or sold to private individuals. 4 The surplus water of a dam lawfully built in the Fox river to feed a canal around rapids in aid of navigation, although under a statute (Laws of 1848, p. 62, sec. 16) providing that the w...