If in any of the cases of the foregoing section, which grants the lower tenement a right to recover damages, the owner of such tenement should find it convenient to give an immediate outlet to the water in order to relieve himself of the right of way, without prejudice to the higher estate or to third persons, he may do so at his own expense, or temporarily make use of such water, if he wishes, waiving his right to damages in the meantime.
History —Law of Waters, art. 70.