1942

Purcellville v. Potts

Supreme Court of Virginia

179 Va. 514, 19 S.E.2d 700

Landowners sought injunction against Town for damming up a stream that had flowed through their property. Town had dammed stream to deliver water to Town. Trial court granted injunction but withheld enforcement for sixty days to give Town time to commence condemnation proceedings. Supreme Court affirmed and modified injunction. Town used much and sometimes all of water before stream reached landowners’ farm, which was very injurious to landowners. No condemnation proceedings had ever been brought by Town concerning landowners’ water rights. A riparian owner was entitled to reasonable use of water, but has no right to divert it for use beyond his riparian land, and any such diversion is an infringement on the rights of the lower riparian owners. Lower court order was modified to the extent of giving the Town twelve months to pursue condemnation proceedings of landowners’ riparian rights.

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