Legal Definitions - mill privilege

The term mill privilege refers to a historical legal right granted to an owner of land situated along a natural waterway.

This privilege allows the landowner to construct a mill on their property and to harness the power of the stream or river to operate the mill's machinery. However, this right is not absolute. It must be exercised with careful consideration and respect for the existing rights of other property owners located both upstream and downstream along the same waterway. This means the mill owner cannot unduly obstruct, divert, or pollute the water in a way that harms their neighbors' established uses of the stream.

Here are some examples to illustrate the concept of mill privilege:

• Example 1: A New Grist Mill

  Imagine a landowner, Ms. Chen, who owns property along a small, flowing river. She decides to build a grist mill to grind grain for local farmers. Her mill privilege would legally permit her to construct the mill building and install a water wheel or turbine that uses the river's current to power the grinding stones. This demonstrates the core right to build a mill and utilize stream power. However, she would need to ensure her dam or diversion doesn't significantly reduce water flow to a downstream neighbor who relies on the river for livestock watering.

• Example 2: Sawmill and Downstream Irrigation

  Mr. Davies owns land with a fast-flowing creek and plans to build a sawmill. To generate sufficient power for his saws, he intends to construct a small dam and divert some water into a millrace. His mill privilege allows him to do this. However, if his dam significantly reduces the water level or flow to a downstream farmer, Ms. Rodriguez, who uses the creek for irrigating her crops, Mr. Davies would be exceeding his privilege. He must ensure that enough water continues to flow downstream to respect Ms. Rodriguez's existing water rights, illustrating the "due regard" for other owners.

• Example 3: Textile Mill and Upstream Flooding

  In the 19th century, a textile factory owner, Mr. Thompson, acquired land along a river and invoked his mill privilege to build a large mill. To ensure consistent power, he constructed a substantial dam, creating a reservoir. While his mill privilege allowed him to build the dam and use the river's power, if the reservoir caused the river to back up and flood the fields of an upstream farmer, Mr. Peterson, Mr. Thompson would be violating the "due regard" clause. His privilege does not extend to infringing upon the established property rights of upstream landowners by causing flooding or other damage.