Aqua cedit solo

Water passes witlt the soil. From a legal point of view, water is land covered by water, and an action cannot be brought to recover possession of a pool, by the name of water only, but as so much land covered by water. Water, being a movable thing, must continue common, and its ownership therefore goes with the land below. Where a river divides the property of two different persons, the bed of the river is equally divided between them; and, according to Bracton, if an island rise in midstream, it belongs in common to those possessing land on each side thereof, but if it be nearer to one bank than the other, it belongs to the proprietor of the nearer shore.