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Section 23: Right to springs

Rivers And Canals Act · PART I: RIVERS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

23. Right to springs (1) Subject to subsection (2), and to any right which any inferior proprietor shall have acquired by title or prescription, any person who has a spring in his ground, may use it, in or upon his ground, in any way he thinks proper. (2) (a) All springs which are the sources either of a river, of a tributary of a river, or of a stream, are public property. (b) The proprietor of the ground in which a spring rises, which supplies the water required by the inhabitants of a district, village or hamlet, may not alter the course of that spring or stop its water. (c) Where the inhabitants specified in paragraph (b) have not acquired, by title or prescription, the right to use the spring water, the proprietor shall be entitled to compensation which shall be determined by arbitration.

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