1888 Original Handwritten Journal Compiling in Great Detail Notes on Riparian Law and the Water Rights of Mills in the Late 19th Century

On offer is an account of water rights and management dating from the late 19th century in upstate New York.

This hardcover book measures 9 inches by 8 inches, contains 286 pages, and is 100 percent complete. The front cover is detached and the spine is worn, but the pages are in very good condition and the handwriting is bold and clear. The notebook is dated from April 26 to May 28, 1888, and exclusively discusses water rights.

The first page states the following: "The Use of Water for Mills . . . In entering upon a consideration of this topic, it becomes necessary in the first place to notice what is understood in the law by this phrase."

The volume itself is unsigned. However, the substance and tone of the material suggests that it was written by a lawyer.

Water resources played a vital role in shaping the settlement and development patterns of early America. In the New England states, riparian rights derive from English Common Law. Riparian rights refer to those laws that comprise a system for allocating water among those who own land along a water course. Industrialization in early North America began in earnest after the War of 1812. The principal form of energy available was water power, and it was abundant. Wealthy merchants began to build mills powered by water such as flour and textile mills. These mills in turn became centres for urban development, as small communities began to spring up around the mills. Although it would be slow in coming, this is the beginning of the shift from agrarian to urban America. The growth of mills also began to completely alter the work landscape of America. It began the inexorable shift from artisanal labour to wage labour. The locations of these mills had a significant impact on the geographic and social development of the United States as well.

This book speaks directly to the underlying legalities of water rights that underpinned this shift in development. The author quotes three pieces of legislation from different states: "2 Geog 394 / 29 Cal 207 / 29 Mich 470." There are many more references with citations to legal decisions and statutes from a variety of jurisdictions across the United States. All of this points to the notebook being compiled for either personal reference, or the basis of a study being conducted for some other purpose by a lawyer. The author may well have been engaged in cases dealing with riparian rights.

This is a superb synopsis of the laws surrounding water usage and rights in a number of states as they stood in the late 19th century. A historian would find this an excellent illustration of the thinking and reasoning of the day around this vital aspect of social development. A legal researcher would certainly appreciate this first-hand explanation of an important area of law.