Diversion

A turning aside or altering the natural course of a thing. The term is chiefly applied to the unauthorized changing the course of a water-course to the prejudice of a lower proprietor.

Rap. & Lawr. L. Dict. See Parker v. Griswold, 17 Conn. 299, 42 Am. Dec. 739; 6 Price 1.

One who has a natural gas well on his place may explode nitroglycerine therein for the purpose of increasing the flow, though it has the effect of drawing the gas from the land of another; Greenfield Gas. Co. v. Gas Co., 131 Ind. 599, 31 N. E. 61. The owner of land through which flows a stream of water, may recover damages from one who diverts the water, for any actual injury suffered therefrom in the enjoyment of his land; Clark v. R. Co., 145 Pa. 438, 22 Atl. 989, 27 Am. St. Rep. 710; Case v. Hoffman, 84 Wis. 438, 54 N. W. 793, 20 L. R. A. 40, 36 Am. St. Rep. 937. The fact that one diverts water maliciously is of no consequence.

Chatfield v. Wilson, 28 Vt. 49.

See Riparian Proprietors; Water-Course; Gas; Oil.