Austin v. City of Bellingham

Citations

• 69 Wash. 677
• 126 P. 59
• 1912 Wash. LEXIS 974

Syllabus

<p>Waters and Water Courses—Obstruction—Flooding Lands— Liability of City. A city has no right to so obstruct the outlet of a lake for the purposes of a water supply as to raise the water above high water mark and overflow or injure the lands lying above the line of ordinary high water.</p> <p>Same—“Beds and Shores”—Statutes—“High Water Mark.” Rem. & Bal. Code, § 8005, giving to cities the right to occupy and use the beds and shores of lakes up to the high water mark does not mean the highest water reached during annual flood periods, but means the upland boundary of tide and shore lands separating soil adapted for use from that which is submerged so long or frequently in ordinary seasons that vegetation will not grow upon it.</p> <p>Same—Flooding Lands—Meander Line. In an action to enjoin the obstruction of the outlet of a lake, raising the water above the line of high water mark, the location of the meander line is immaterial.</p> <p>Same—Action eor Flooding—Injunction—Judgment—Form. A judgment enjoining a city from obstructing the outlet of a lake is inapt where it prohibits the city from in any manner obstructing the “normal” flow, and should recognize the right of the city to raise the waters to the line of ordinary high water.</p> <p>Same—Flooding Lands—Liability oe City. A city raising the waters of a lake above high water mark is liable to littoral owners for damages resulting from overflow or seepage through and under adjoining soil.</p>