Hayward v. Mason

Citations

• 54 Wash. 653
• 104 P. 141
• 1909 Wash. LEXIS 1052

Syllabus

<p>Actions — Consolidation—Joinder. The court has discretion to consolidate two equitable actions between the same parties relating to the same subject-matter, i. e., the obstruction of two irrigation ditches, which might have been joined in one action.</p> <p>Waters and Water Courses — Drainage1—Grants—Easements—■ Rights oe Grantor. A deed conveying a right of way for a drainage ditch along a line as at present laid out to drain off surplus water onto the grantor’s land, with the right of ingress and egress to keep the ditch in repair, creates an easement only; but gives the grantor no right to control the drainage.</p> <p>Same — Riparian Right — Marsh or Swamp. Riparian rights cannot be asserted to the flow of surplus waters of a swamp or marsh which has no outlet, and where there is no natural stream or waterway.</p> <p>Same — Extent oe Rights — Priority. A riparian right to the flow of water is subject to a reasonable use for domestic and agricultural purposes by a prior riparian owner.</p> <p>Same — Irrigating Ditch — Obstructions—Damages. The grantee of land with appurtenant water rights cannot recover damages to crops by reason of the grantor’s obstructions and diminution of the water supply, when the volume was not reduced below what it was at the time the deed was given.</p>