Dickey v. Maddux

Citations

• 48 Wash. 411
• 93 P. 1090
• 1908 Wash. LEXIS 883

Syllabus

<p>, Waters — Appropriation — Bogs on Public Lands — Statutes- — - Construction. Pools of water in a bog or marsb on public lands, about one-half an acre in extent, occasioned by seepage water coming from a hillside, fed by no live springs, stream, or channel of water, and having no flow from the bog, are not subject to appropriation under the common law, nor under territorial laws 1873, p. 520, authorizing the appropriation of the waters of streams or creeks in Yakima county.</p> <p>Same — Prescription—Compliance with Statute. No prescriptive right to waters of a bog or marsh, used since 1884, can be claimed under Laws 1891, p. 327, where there has been no attempt to comply with the provisions of such law since its enactment.</p> <p>Rudkin and Fullerton, JJ., dissent.</p>