Title: Other Contractual Arrangements
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00003172/00001
 Material Information
Title: Other Contractual Arrangements
Physical Description: Book
Language: English
Publisher: The Conservation Foundation
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Richard Hamann's Collection - Other Contractual Arrangements
General Note: Box 12, Folder 11 ( Conservation Foundation - Symposium Papers on Water Allocation in Eastern U. S. - 1956 ), Item 25
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003172
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

have involved questions regarding the -use of percolating groundwaters or a

surface or undezround stream. The nature of the spring and the location of
. ..its use were not clearly indicated in either case.- Mu together the two
cases suggest that water rights pass with the conLveyance of title to lfnd

riparian. to a stream, or lands overlying groundwater, unless it is otherwisee
provided in the deed or some other controlling legil instiie nt'e 'Some' further
support for this proposition coAles from the above-discussed cases concerning
'rights to navigable waters, ;

Rights to use natural 'watercourses or groundwaters, as a rule, would
a appear to be limited to use on particular parcels of tl&id. This may not
be so, however, in oases where municipalities or other public or quasi-

public agencies or institutions hve validly acquired water rights through

condemnation, or otherwise* (See Municipal or Public Water Supply, Vendibi-
lity, ante.

Other dontractual Arrangements
Rights to use particular iburces of Water in some instances may depend
largely Lpohn or be affected bi8 variolis' kinds 6f voluntary contractual
arrangements. .fThis may be particularly true with respect to artificial
watercourses or developed waters, discussed earlier. :

The Court in one case stated that riparian landowners alone a stream might
contract together to have one point of' withdrawal and system of distribution

serve their collective needs for domestic purposes 61/

/_.,Cases in which contractual arrangements with respect to the use of such
waters were involved include Richardson v. Jennings, 184 N.C. 559, 11U S.E.
821 (1922), where ithe owe~ r of an .Artificial lake sold riparian lots with
permission to boat, .fish, and swim in it See also Lamb v. Lamb, 177 N.C. 150, 98 S.E. 307 (1919) where a drainage
system was established by agreement for the benefit of two lots.
46l/ Pernell v. City of Henderson, 220 N.C. 79, 16 S.E. 2d. 449, 450-451

183 -
But the effectiveness of contractual arrangements to use water on nonriparian

lands is in doubt, as noted above, under Transfer or Assignment of Water


Other types of contractual agreements which have been dealt with by the

Court include contracts with respect to water supply furnished by orto munici-

palities, U62/

In no reported decision does the Court appear to have dealt with such

contractual arrangements as (1) a contract between two or more riparian

owners along a watercourse to rotate their use of the available water in

periods of shortage or otherwise, or (2) a contract between two or more

riparian owners relative to the detention and/or diversion and offstream

storage of a stream's water during periods of high flow for later use during

periods of low flow.

Legal Remedies
Legal remedies against the infringement of a person's water rights by

another person may include an action for money damages and/or an injunction;

to prevent further infringement.

Money Damages.

In general, the Court has imposed liability for damages in cases of

material diminution of stream flow or other uses considered to be unreasonable,
direct invasion of another's property, negligent conduct, or certain other

types of unlawful use. 463/

62/ Fulghum v. Town of Selma, 238 N.C, 100, 76 S.E. 2d. 368 (1953); V
Elizabeth City Water and Power Co. v. Elizabeth City, 188 N.C. 278, 124 S.E.
611 (1924). See Halifax Paper Co, v. Sanitary District, 232 N.C. 421, 61 S.E.
2d. 378 (1950), discussed under Sanitary Districts, ante, concerning a
Contract for water supply from a sanitary district. See also Roanoke Rapids
Power Co. v. Roanoke Navigation and Power Co., 159 N.C. 393, 75 S.E. 29 (1912;
concerning an arbitration agreement between the two companies regarding
Their water rights.
463/ See particularly the cases discussed under Development of the Riparian
Doctrine, and Detention or Obstruction of Water with Dams, etc., ante.

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