The Rainbow Dam and the Lower Farmington River: Legal Status ...

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(the “fee” interest is the entire interest in the property). The bundle of rights includesamong others, the rights to use the land, to exclude others, to rent the land to others, tooccupy the land, and to sell or give the land to others. Riparian rights are a specialcase, since not all land borders water. Riparian rights, simply stated are the rights towithdraw and use the water. It also includes the right to use the bottom of the streamor lake, to harvest ice, and install a dock or pier, among other rights. These rights aresubject to a duty not to infringe on the rights of other riparian owners to the water,either in quantity or quality, and to use the water reasonably. Riparian owners ingeneral may use the water, but not impair the rights of the other riparian owners.Like other rights in land under the common law, riparian rights in Connecticutcan be conveyed (through sale, gift or lease) to others. In some states, this is eitherlimited or prohibited. Water rights were the subject of frequent court disputes fromcolonial times, until the early 20 th century, when legislatures began to regulate in thearea of water rights. The Connecticut law reports of 18 th and 19 th centuries have many2
eports of these disputes, and how the courts have decided them. AlthoughConnecticut has been blessed with an abundance of fresh water, its court cases haveproved the accuracy of Mark Twain’s remark “Whiskey is for drinkin’; water is forfightin’.”But in modern times - at least since the legislature recognized the importance ofa reliable system of clean water supply for cities - and modern engineering made largescale diversions by dams and reservoirs possible - riparian rights under the commonlaw have dwindled in importance. The environment in the Eastern United States canbe characterized as regulated riparianism, as all states have permitting systems ofsome sort, and most have limits on diversions without a permit (Connecticut’s is50,000 gallons in a 24-hour period).Today, the rights to water flow in the lower Farmington River are almostentirely determined by a complex series of legislative special acts recognizing orratifying agreements among municipalities, private corporations, and a single3
Page 1: The Rainbow Dam and the Lower Farmi
Page 5 and 6: 1. Before 1900 - The Farmington was
Page 7 and 8: The river then flows to the southea
Page 9 and 10: 10. HELCO operated a hydropower fac
Page 11 and 12: successfully. Fortunately, all thre
Page 13 and 14: enefits). Relying on the history di
Page 15: particularly Waterbury v. Washingto

The Rainbow Dam and the Lower Farmington River: Legal Status ...

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