Everett Water Co. v. Powers

Citations

• 37 Wash. 143
• 79 P. 617
• 1905 Wash. LEXIS 688

Syllabus

<p>Waters — Diversion of — Right of Wat — Deed—Grant—License. An instrument executed as a deed purporting to grant and convey a right of way for a water pipe line, and also the right to divert the flow of water in a certain creek, operates as a grant as in the case of land itself, and is not a license, terminable at will.</p> <p>Same — Deed—Certainty—Time Limit for Diversion. Such a deed is not void for uncertainty in that it fails to fix any time limitation for the diversion of the water, but will be construed as unlimited as to time.</p> <p>Same — Certainty as to Location. Such a deed is not void for uncertainty in failing to locate the right of way, where entry on the tracts described was made, and a route selected and marked out, and work commenced with the intention of using the strip.</p> <p>Same — Certainty as to Amount of Water. Such a deed is not void for uncertainty as to the amount of water to be diverted where the grant covers all the water except an express reservation for all that one family may need for domestic purposes on a certain forty-acre tract, and in case of fire to the extent cf service through a three-inch pipe.</p> <p>Same — Certainty as to Reservations of Water. Such a deed is not void for uncertainty as to how the reserved water was to be taken, since no pipe being specified except for fire, it follows that water for domestic purposes was to be taken from the bed of the stream.</p> <p>Same — Certainty .as to Width of Right of Way. Such a deed is not void for uncertainty in failing to specify the width of the right of way, since in such case the width would be only such as shall be reasonably necessary.</p> <p>Same — Deed not Affected by Rights of Lower Riparian Owners. A deed of the right to divert the waters of a stream cannot be objected to by successors in interest of the grantor because of the fact that the rights of lower riparian owners had not been acquired.</p> <p>Same — Fraud in Procuring Deed — Purposes for Which Water is to be