Berg v. Yakima Valley Canal Co.

Citations

• 83 Wash. 451
• 145 P. 619
• 1915 Wash. LEXIS 722

Syllabus

<p>Waters and Water Courses — Irrigation—Mutual Water Companies — Water as Appurtenant to Land — Rights oe Lessee. Tbe owner of shares of stock in a mutual water company, each of which constitutes a water right for one acre of land, entitling him to a given quantity of water actually carried in the company canal for the irrigation of the lands described in the certificate, holds such water right as appurtenant to his land; and provisions in a lease of the land, showing an intent of the parties that the lessee should be entitled to one-half the water right of the lessor, would operate as an assignment of the water right and pass same to the lessee as an appurtenance to the land; thus placing the lessee in such privity to the contract between the owner of the land and the water company as would entitle him to a right of action against the water company for negligence in failing to properly maintain and keep in repair the irrigation ditch.</p> <p>Same — Mutual Water Companies — Transper op Stock on Books —Necessity. The failure of a holder of stock in a mutual water company to have the same transferred to his name upon the books of the corporation, after sale and assignment to him, would not affect the right of a lessee of the land and water rights to maintain .an action against the company for negligence, where the company had already recognized the rights of his lessor by furnishing him the amount of water represented by his stock, and had never refused to furnish the lessee on the ground that the stock had not been transferred on the books of the corporation.</p> <p>Same — Failure to Furnish Water — Negligence—Liability. A mutual water company organized for the purpose of supplying water to its stockholders is required to exercise reasonable care in maintaining its ditch in proper repair and in furnishing each stockholder his proportionate share of water, and failure therein constitutes negligence for which it may be made to respond in damages at the suit of a stock