Allen v. Roseberg

Citations

• 70 Wash. 422
• 126 P. 900
• 1912 Wash. LEXIS 1065

Syllabus

<p>Waters and Water Courses — Irrigation — Adverse Possession. Where a dispute arose as to the absolute right to use for irrigation the waters of a creek, and the parties agreed to divided the water half and half, and acted thereon, uninterrupted use of one-half of the water under the agreement for the period of 19 years ripens into title thereto by adverse possession, even as against a prior appropriation; and it is immaterial that such adverse use was by a lower proprietor, the agreement being a distinct recognition of his claim and fixing the extent of it.</p>