Tyler v. Wilkinson
24 F. Cas. 472, 4 Mason C.C. 397 (1827)
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Rule of Law:
A riparian proprietor's common law right to the natural flow of a river can be limited by another's acquisition of an exclusive right to use a portion of the water, which can be established by a grant or by twenty years of exclusive, uninterrupted enjoyment.
Facts:
- The Pawtucket River separates North Providence, Rhode Island, from Seekonk, Massachusetts.
- Plaintiffs own mills on the eastern bank of the river, while defendants own mills on the western bank and on a channel called Sergeant's Trench.
- Around 1718, proprietors on both sides of the river jointly built a 'lower dam' across the river to power their mills.
- Around 1714, Sergeant's Trench was created on the western side, running from above the lower dam to below it.
- Beginning around 1730 and continuing for over a century, various mills were built along Sergeant's Trench, which were continuously supplied with water from the river.
- Around 1792, an 'upper dam' was built across the river above the trench, which now supplies water to the mills on the trench.
- Plaintiffs claim the owners of the mills on Sergeant's Trench are only entitled to 'waste-water'—surplus water not needed by the plaintiffs' mills.
- The defendants on Sergeant's Trench claim a vested right to the quantity of water that has customarily flowed through the trench for decades.
Procedural Posture:
- The plaintiffs filed a bill in equity in the United States Circuit Court for the District of Rhode Island.
- Due to the death of some original parties, the case proceeded before the court on a supplemental bill in the nature of a bill of revivor.
- The plaintiffs sought a decree establishing their superior water rights and an injunction to prevent the defendants from using what the plaintiffs claimed was an excessive amount of water.
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Issue:
Does mere priority of appropriation of water from a river, without a grant, confer an exclusive right to that water against other riparian proprietors, or can such a right be established by long, uninterrupted usage?
Opinions:
Majority - Story
No, mere priority of appropriation does not confer an exclusive right, but such a right can be established through long usage. Riparian proprietors generally have a common right to the reasonable use of a river's natural flow, but an exclusive right to a certain quantity of water can be acquired through twenty years of uninterrupted enjoyment, which creates a conclusive presumption of a grant. The owners of Sergeant's Trench have used water from the river for their mills for well over twenty years. This long-standing, uninterrupted usage establishes an absolute right to the quantity of water that was accustomed to flow through the trench prior to the dispute. The plaintiffs' claim to a 'pre-eminent right' to appropriate water for any future mills, thereby depriving the trench mills, is not supported by evidence. The trench owners' right is not a mere 'waste-water privilege' but a vested right to a specific, historical quantity of water. If there is a deficiency of water, the loss must be borne by all parties as a common loss.
Analysis:
This case is a foundational opinion in American water law, particularly for the eastern states that follow the riparian doctrine. It firmly rejects the 'prior appropriation' doctrine (first-in-time, first-in-right) as the default rule, instead affirming that water rights are an incident of land ownership along a watercourse. Crucially, Justice Story establishes that this common riparian right can be modified by the acquisition of a prescriptive easement, creating a hybrid system. The decision solidifies the twenty-year period for establishing a prescriptive right to water use, providing a mechanism for vested rights to arise from long-standing use, thereby protecting historical investments while maintaining the underlying riparian framework.
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