The riparian owner has a right to make such use of the lake over its entire surface, in common with all other abutting owners, provided such use is reasonable and does not unduly interfere with the exercise of similar rights on the part of other abutting owners.
32.
In conclusion, Elias CJ held, " Whether the Crown became the owner of the riverbed adjacent to the Pouakani lands on purchase of the interests of the Pouakani riparian owners depends upon whether any customary property in the riverbed was extinguished upon investigation of the riparian lands.
33.
During the industrial revolution of the nineteenth century, some U . S . courts applied the natural flow doctrine to prohibit riparian owners from detaining or diverting a watercourse for commercial development, such as manufacturing and milling, because such development impermissibly altered the water's original condition.
34.
:" Under the doctrine of a servitude, the riparian owner enjoys his property " sub modo ", i . e . subject to the right of the public to reserve space enough for levees, public works, and the like; that over this space the front proprietor never acquires complete dominion.
35.
The law followed the principle of equality which requires that the corpus of flowing water become no one's property and that, aside from rather limited use for domestic and agricultural purposes by those above, each riparian owner has the right to have the water flow down to him in its natural volume and channels unimpaired in quality.
36.
But " just as the navigational privilege permits the Government to reduce the value of riparian lands by denying the riparian owner access to the stream without compensation for his loss, . . . it also permits the Government to disregard the value arising from this same fact of riparian location in compensating the owner when fast lands are appropriated ."
37.
The Act of Congress providing for the admission of Missouri into the Union, March 6, 1820, c . 22, 3 Stat . 545, and which declares that the Mississippi River shall be " a common high way, and forever free, " has been referred to in the argument here, but the rights of riparian owners are nowhere mentioned in that act.
38.
The appropriation doctrine was adopted in Colorado in 1872 when the territorial court ruled in " Yunker v . Nichols ", 1 Colo . 552 ( 1872 ), that a non-riparian user who had previously applied part of the water from a stream to beneficial use had superior rights to the water with respect to a riparian owner who claimed a right to use of all the water at a later time.
39.
This power to regulate navigation confers upon the United States a Fifth Amendment but from the lawful exercise of a power to which the interests of riparian owners have always been subject . " United States v . Chicago, M ., St . P . & P . R . Co . ", 312 U . S . 592, 596 597 ( 1941 ); " Gibson v . United States ", 166 U . S . 269, 275 276 ( 1897 ).
40.
""'St . Louis v . Myers " "', 113 U . S . 566 ( 1885 ), was a motion to dismiss for want of a federal question to give jurisdiction regarding Union while leaving the rights of riparian owners on the Mississippi River to be settled according to the principles of state law and relinquishing to the City of St . Louis the rights of the United States in wharves and thoroughfares, which did not authorize the city to impair the rights of other riparian proprietors by extending streets into the river.
