Some of the lawful uses of water recognized by this state are: fishing, swimming, recreation, and irrigation.[1]
(c) When one lawful use of water is destroyed by another lawful use the latter must yield, or it may be enjoined.
(d) 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 interfering use shall be declared unreasonable and as such enjoined, or whether a reasonable and equitable adjustment should be made, having due regard to the reasonable rights of each.[2]
Application to This Case. Some of the questions, therefore, which must be considered are these:
(a) Had appellees on July 10, 1954, by the continued use of water from Horseshoe Lake, destroyed appellants' right to fish and conduct the boating enterprise? If so, the injunction should be granted.
(b) If it is found, however, that appellants' rights had only been impaired at the stated time, then it must be judged, under all the facts and circumstances as before mentioned, whether such impairment is unreasonable. If it is so found then the injunction should issue. If it is found that appellants' rights have not been unreasonably impaired, having due regard to all the facts and circumstances and the injury which may be caused a appellees as weighed against the benefits accruing to appellants, then the injunction should be denied.
We do not minimize the difficulties attendant upon an application of the reasonable use rule to any given set of facts and circumstances and particularly those
- ↑ See Meriwether Sand & Gravel Co. v. State Ex Rel. Attorney General, supra, and Barboro v. Boyle, 119 Ark. 377, 178 S. W. 378, at pages 382, 383 of the Ark. Reports.
- ↑ In 56 Am. Jur., page 783, it is stated: "In determining whether an artificial use of the water of a stream is reasonable or not, it is necessary to consider what the use is for, its extent, duration, necessity, and application, the nature and size of the stream, and the several uses to which it is put, the extent of the injury to one proprietor and the benefit to the other, and all other facts which may bear upon the reasonableness of the use."
