Longmire v. Yakima Highlands Irrigation & Land Co.

Citations

• 95 Wash. 302
• 163 P. 782

Syllabus

<p>Appeal — Review—Findings. Findings upon conflicting evidence will not be disturbed on appeal where the court cannot say that they are against the weight of the evidence. ‘</p> <p>Waters and Water Courses — Diversion—Irrigation—Riparian Rights. Flood waters, of annual occurrence with practical regularity, used for years on riparian lands, cannot be diverted by an upper proprietor for use in irrigating nonriparian lands to the substantial damage of the riparian owners.</p> <p>Same — Diversion—Remedies—Injunction. Injunction lies to restrain the diversion of waters from nonriparian lands, and lower riparian owners will not be relegated to their remedy at law merely because the dain for the diversion was nearly completed, where the dam was on defendant’s land and no injury would accrue until the waters were diverted.</p> <p>Parties — Intervention-—Time eor Filing. Where after trial, the findings and judgment were signed and placed in escrow under stipulation, a petition for intervention made three years thereafter is properly denied, under Rem. Code, § 202, providing that any person may before trial intervene in an action, and § 203 providing that no intervention shall be cause for delay in the trial.</p>