City of Raymond v. Willapa Power Co.

Citations

• 102 Wash. 278
• 172 P. 1176
• 1918 Wash. LEXIS 948

Syllabus

<p>Waters and Water Courses—Grant to City—Deed. Merely an easement is granted for the purposes stated, and no title to the water itself passes by a deed to a city granting the exclusive right and privilege to take and appropriate to its own use for all purposes any and all water flowing or which may hereafter flow into the stream over or across described lands of the grantor, together with the right to enter for the purpose of constructing flumes, pipe lines, etc., and also the privilege of flooding or backing water upon the premises; hence the owner of the servient estate may make such use of it as is not inconsistent with the easement granted (Overruling, on rehearing, Id., 98 Wash. 317; Fullerton, Mount and Main, JJ., dissenting).</p> <p>Same—Grant to City—Easement—Adverse Use. If a water deed conveyed merely an easement to take and appropriate water, lay pipe lines, and flood or back water upon the premises, there can be no adverse title by prescription, where there was no interference, either present or threatened, with the easement and rights granted.</p>