In the 1898 case of Green Bay and Mississippi Canal Company v. Patten Paper Company, the U.S. Supreme Court ruled in favor of Patten Paper Co., upholding their right to use water from a canal owned by Green Bay and Mississippi Canal Co. The dispute arose when the canal company attempted to prevent Patten Paper from using its water for power generation without compensation. However, it was found that an 1872 act had granted rights to all riparian proprietors along Fox River (where both companies were located) for free usage of waters flowing through improvements made by government authorities or corporations like canals or dams, provided they did not obstruct navigation. Therefore, as long as Patten's activities did not interfere with navigation on the river, they could legally utilize this resource without paying fees to Green Bay & Mississippi Canal Co.

In the dissenting opinion for Green Bay and Mississippi Canal Company v. Patten Paper Company, Justice Harlan disagreed with the majority's interpretation of Wisconsin state law regarding water rights. He argued that the plaintiff company had a right to use water from Fox River without interference from other entities such as defendants who were operating locks and dams on it. According to him, this right was not limited by any requirement that they should only draw off so much water as would flow back into river below their mill within reasonable time or in natural channel of stream. He believed that under Wisconsin law, riparian owners have an absolute right to all benefits derived from position of their property on a stream including power produced by fall of water upon it which is not subject to diminution or destruction at pleasure of government or its grantees like defendant canal company.