The diversion will destroy property of Connecticut and of its inhabitants without due process of law and cause injury for which there is no adequate remedy at law. The Connecticut is now heavily burdened with offensive matter put into the river in Massachusetts and requires all the water that naturally comes down the river to prevent it from becoming a nuisance and menace to public health. The proposed diversion will take water tributary to the Connecticut entirely out of its watershed, will impair navigability of that stream, will take flood waters, and thereby cause damage to agricultural lands that are subject to yearly inundation. Connecticut appears as owner of riparian lands and of the bed of the river and as parens patriae. Connecticut and Massachusetts recognize the common-law doctrine that riparian owners have the right to the undiminished flow of the stream free from contamination or burden upon it.
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