Atkinson v. Washington Irrigation Co.

Citations

• 44 Wash. 75
• 86 P. 1123
• 1906 Wash. LEXIS 790

Syllabus

<p>Public Lands — Rights of Settler Before Patent — Waters and Water Courses — Appropriation — Irrigating Canal — Injunction. United States Rev. Stats., §§ 2339 and 2340, recognizing the right to appropriate water according to local customs, subject to the payment of damages to settlers on the public domain, and declaring that patents shall issue subject to vested or accrued water rights, does not confer the right upon an irrigation company to dig a canal across the lands of a settler after -the initiation of his homestead entry, or confine the settler to an action for damages after issuance of the patent, but injunction lies to prevent the use of such canal unless a right of way be condemned by the irrigation company.</p> <p>Same — Estoppel—Suffering Construction of Canal. The fact that a settler on the public domain suffers an irrigation company to dig a canal across the land after the initiation of his homestead entry, will not estop him from enjoining the use of the canal after the issuance of the patent from the government.</p>