Desmond v. Sander

Citations

• 46 Wash. 58
• 89 P. 179
• 1907 Wash. LEXIS 558

Syllabus

<p>Waters — Appropriation—Irrigation—Obstruction of Stream— Evidence — Sufficiency. The evidence sustains findings for the plaintiff in an action to restrain the obstruction of a stream used for irrigating plaintiff’s lands, where it appears that the waters were appropriated and used by the plaintiff and his grantor since 1868, when defendants’ lands were unoccupied, and which were not irrigated until 1884, and that after the defendants had constructed dams, the plaintiff could not irrigate his lands as successfully as before, and the evidence for the defendants fails to satisfactorily sustain their contention that the water they were seeking to collect came by seepage from another source than the stream in question.</p>