Charon v. Clark

Citations

• 50 Wash. 191
• 96 P. 1040
• 1908 Wash. LEXIS 692

Syllabus

<p>Waters and Water Courses — Artesian Wells — Diversion — Grants op Water Rights. Tbe rule that an action does not lie for intercepting or diverting subterranean waters does not apply where tbe predecessors in interest bad defined tbeir rights by a deed conveying a specified flow of a portion of tbe water from an artesian well to be used for irrigating purposes; and injunction lies to prevent diversion of tbe amount agreed by deed to be delivered.</p> <p>Same — Priorities. Where several grants are made to portions of tbe water from an artesian well, tbe first grantee, who received a specific amount, takes a definite estate therein, and subsequent grantees with notice bold subject thereto.</p>