Farwell v. Brisson

Citations

• 66 Wash. 305
• 119 P. 814
• 1911 Wash. LEXIS 1062

Syllabus

<p>Waters and Water Courses — Riparian Rights — Prescription. Riparian rights to the waters of a creek are lost by adverse possession, where, for more than the statutory period, an upper proprietor, continuously appropriated and diverted the waters in good faith under a claim of right adverse to the lower owner.</p> <p>Judgment — Res Judicata- — Matters Concluded — Waters—Riparian Rights. Where a lower riparian owner brought an action claiming forty inches of the flow of a creek, and was. adjudged the prior right to use but nine inches, as the “reasonable portion” of the waters belonging to him, the judgment is res judicata and a bar to a second action brought against the same parties to determine his rights to the waters as a riparian owner.</p>