Dontanello v. Gust

Citations

• 86 Wash. 268
• 150 P. 420
• 1915 Wash. LEXIS 1200

Syllabus

<p>Waters and Water Courses — Adverse Use — -Title—Extent oe Right. The right to the use of flowing waters may he acquired by prescription, resulting in the vesting of title as if acquired by deed, the extent of the right depending upon the nature and character of the adverse uses.</p> <p>Same — Adverse Use — Bv Lower Proprietor — Title — Evidence— Sufficiency. While generally the use of waters by a lower proprietor is not adverse, title to the waters of a spring is acquired by a lower proprietor, where, during the entire statutory period, he infringed upon the rights of an adjoining owner by constructing a ditch, dam and an intake on such other’s land, below the spring, at the closest practicable point, and conducted the waters through the ditch to his own land for irrigation purposes, claiming the right to the waters under a posted notice, and during which times the adjoining owners might have maintained an action for the unlawful invasion of their property.</p>