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Justinian I · The Digest of Justinian §43.12.2.pr

Conditions for Lawful Water Drawing from a Public River

Passage 7069 of 9271 · Latin

Summary

Pomponius lays down the principle that drawing water from a public river is permissible, provided there is no prohibition by the emperor or senate, the water is not in public use, and the navigability of neither that river nor any other fed by it is compromised.

[POMPONIUS libro trigensimo quarto ad Sabinum. ] §43.12.2.prQuominus ex publico flumine ducatur aqua, nihil impedit (nisi imperator aut senatus uetet), si modo ea aqua in usu publico non erit: sed si aut nauigabile est aut ex eo aliud nauigabile fit, non permittitur id facere.
[POMPONIUS on Sabinus, Book 34] Nothing prevents water from being drawn from a public river (unless the emperor or the senate forbids it), provided that that water will not be in public use; but if either the river is navigable, or another river is made navigable from it, it is not permitted to do so.

Notes

  1. 43.12.2.prQuominus ... nihil impedit — The negative of the verb of hindering `impedire` (`nihil impedit`) is followed by a `quominus` clause with the subjunctive (`ducatur`), forming a construction that means "nothing prevents [water] from being drawn."
  2. 43.12.2.prsi modo ... non erit — `si modo` ("provided that", "if only") introduces a restrictive condition. The verb `erit` is in the future indicative, representing an objective, factual condition projected into the future.
  3. 43.12.2.prex eo aliud nauigabile fit — `eo` refers to `flumine` (the river in question), and `aliud` implies `aliud flumen` (another river). It contemplates a situation where another river is fed by this river and its navigability is affected by the drawing of water.

Cite this passage

Justinian I, The Digest of Justinian §43.12.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.12.2.pr

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