Sec. 52-448. Not to interfere with existing dams or millsites.
Sec. 52-448. Not to interfere with existing dams or millsites. No such dam shall
be erected, or watercourse made or altered, to the injury of any mill lawfully existing
on such watercourse, or on the stream upon which such dam is to be erected, or from
or into which such watercourse flows, or to the injury of any millsite on the same on
which a mill or milldam has been lawfully erected and used, unless the right to maintain
a mill on such last-mentioned site has been lost or defeated by abandonment or otherwise.
(1949 Rev., S. 8190.)
This protects waterpower near a mill, held by the mill owner with the intention at some future time to use it for the
mill; 35 C. 496; 36 C. 310; although purchased with the knowledge that the petitioner was negotiating for the right to flow
it. Id., 319. An abandoned millsite may be flowed. 35 C. 159. Setting up small mills, simply to protect the privilege from
condemnation, and of no practical use, will be of no avail. Id., 513. A mill is a "lawfully existing" one, notwithstanding
the dam may be a little higher than it should be, whereby land of the petitioner is overflowed. 40 C. 43. Continuance of
intent to build on millsite is a question of fact. 49 C. 350. The question of the existence of and injury to a millsite and dam
is one of fact. 52 C. 462. Cited. 92 C. 221.