Page:Harris v. Brooks, 225 Ark. 436 (1955).pdf/1

HARRIS v. BROOKS.

Opinion delivered October 24, 1955.

1. WATERS AND WATER COURSES—RIPARIAN RIGHTS, REASONABLE USE THEORY ADOPTED.—There is no sound reason for maintaining our lakes and streams at a normal level when the water can be beneficially used without causing unreasonable damage to other riparian owners.
2. WATERS AND WATER COURSES—RIPARIAN RIGHTS, LIMITATION ON REASONABLE USE, THEORY.—In exercising the power invested in the Arkansas Game and Fish Commission under Amendment No. 35 to the Constitution of Arkansas, the Commission will undoubtedly be interested in some instances in the amount of water that may be removed from lakes and streams by riparian owners where injury to fish life is involved.
3. WATERS AND WATER COURSES—PRIORITY BETWEEN RIPARIAN RIGHTS.—The right to use water for strictly domestic purposes—such as for household use—is superior to many other uses of water—such as for fishing, recreation and irrigation.
4. WATERS AND WATER COURSES—PRIORITY BETWEEN RIPARIAN RIGHTS.—Other than for strictly domestic purposes, all other lawful uses of water are equal.
5. WATERS AND WATER COURSES—RIPARIAN RIGHTS, A LAWFUL USE MUST YIELD WHEN?—When one lawful use of water is destroyed by another lawful use, the latter must yield, or it may be enjoined.
6. WATERS AND WATER COURSES—CONFLICTS BETWEEN RIPARIAN OWNERS.—When one lawful use of water interferes with or detracts from another lawful use, then a question arises as to whether, under all the facts and circumstances of that particular case, the