Page:The Civil code of Japan (IA cu31924069576704).pdf/78

or width, but the water must be restored to its natural course at the place of exit.

If in such a case there is a different custom, such custom is to govern.

The owner of land, in order to drain wet land or to get rid of waste water used for domestic, agricultural or industrial purposes, may conduct water through lower land to a public highway, water course or drain; but the locality and manner of construction of the conduit must be so chosen as to do the least possible damage to the lower land.

The owner of land may use for the passage of water works constructed by the owner of any higher or lower land.

A person who so uses works constructed by another must bear the expenses of their construction and preservation in proportion to the benefit which he derives therefrom.

If the owner of land on which there is a water course has occasion to construct a dam, he may join it to the opposite bank; but he must pay compensation for any damage arising therefrom.

If a part of the land on which the water course is, belongs to the owner of the opposite bank, the latter may also use the dam. In such case the expenses are to be apportioned according to the provisions of the preceding article.