The proprietors of bleachfields bounded by the medium filum of the Dighty, a sluggish polluted stream, used from time immemorial for manufacturing purposes, sank a tank into the bed of that stream at its junction with the Fithie, a quickly flowing stream of pure water, in order to obtain for their works some of the pure water of the Fithie. After being impounded and used in the works the water was returned to the Dighty undiminished in quantity. Before the water was abstracted in this way the riparian proprietors below the junction of the two rivers were able to use the water for agricultural and bleaching purposes, but the result of the operations was that the flow became more irregular, and the water was sometimes so polluted as to be unfit for these uses.
Held (aff. judgment of the Second Division) that the proprietors of the bleachfield were not entitled to take the water of the Dighty in any other way or place than those sanctioned by their prescriptive right, and could not use it so as to add to the pollution of the stream.
Judges:
Lord Chancellor (Herschell), and Lords Watson, Ashbourne, Macnaghten, Morris, and Shand
Citations:
[1893] UKHL 941, 30 SLR 941
Links:
Jurisdiction:
Scotland
Environment
Updated: 03 February 2022; Ref: scu.633301