Edendale Land Co. v. Morgan

Citations

• 93 Wash. 554
• 161 P. 360

Syllabus

<p>Waters and Water Courses — Appropriation—Irrigation—Rights oe Settlers — Beneficial Use. Tbe prior appropriators of tbe waters of a creek, wbo settled upon government land and later acquired title, and tbeir successor in interest, are entitled to use all tbe waters wbicb tbey bad, witbin a reasonable time, devoted to a beneficial use in irrigating tbeir lands.</p> <p>Same — Prescriptive Rights — Quantity oe Water. A prescriptive right cannot be claimed to more than one-balf of tbe waters of a creek, where tbe ditch through wbicb it was diverted, as first constructed in 1896, did not carry more than one-balf of tbe water, and was not enlarged until 1904, and tbe action was commenced in 1912 to enjoin tbe increased diversion.</p> <p>Same — Appropriation — Wrongful Diversion —- Damages — Evidence — Sufficiency. In an action for tbe diversion of tbe waters of a creek, evidence of damages based on tbe assumption that tbe plaintiffs were entitled to all tbe waters, does not show tbe extent of the damages from a wrongful diversion of one-balf of tbe waters.</p>