Kendall v. Joyce

Citations

• 48 Wash. 489
• 93 P. 1091
• 1908 Wash. LEXIS 902

Syllabus

<p>Waters — Appropriation-—Priorities—Diligence. The rights of a settler upon public lands to divert the waters of a creek for the purpose of irrigation relate back to the date of the original appropriation, where the same was applied to beneficial uses with' reasonable diligence.</p> <p>Same — Notice of Appropriation — Effect. There being no law authorizing the filing of a notice of appropriation of waters on public lands, a settler acquires no rights by settlement on the land and filing such notice in 1887, where no diversion of the water or application to beneficial uses was made until 1897, when the same had already been duly appropriated by another.</p> <p>Same — Failure to Post Notice. The failure of an appropriator of waters on public lands to post and record a notice of appropriation as required by Laws 1891, p. 327, does not affect the rights of an actual appropriator as against one subsequently acquiring title, the law being simply to apprise other contemplating appropriators of the first steps taken, and to preserve evidence thereof.</p> <p>Same — Who Entitled to — Squatters—Statutes—Construction. Laws 1889-90, p. 706, assuring riparian rights for the purpose of irrigation to persons holding possessory rights to land abutting on natural streams, is simply declaratory of the existing law whereby title acquired under a patent relates back to the date of settlement; and does not enable a squatter, who abandons or sells out his possessory rights, to acquire any riparian rights, which are a mere incident to ownership of the soil and do not vest until patent issues.</p>