Madson v. Spokane Valley Land & Water Co.

Citations

• 40 Wash. 414
• 82 P. 718
• 1905 Wash. LEXIS 995

Syllabus

<p>Waters — Irrigation — Wrongful Diversion — Estoppel of Littoral Proprietor — Failure to Object to Operations on Lands of Others. The fact that a littoral proprietor upon the arm of a lake stood by without objection during the construction of a dam for irrigation purposes, erected at great expense, cutting off his property from the main body of the lake and draining his premises, would not amount to an estoppel preventing him from objecting to the diversion of the waters by the closing of head gates so as to leave no water on his premises, where no act was done or admission made intended to influence or encourage the construction, which was entirely upon the lands of others.</p> <p>Navigable Waters — What Are. A small lake of the average depth of eighteen feet, having no navigable inlet or outlet, upon which a small steamer is run for hire during the camping season, is navigable within, Const., art. 17, § 1.</p> <p>Same — Title by Patent Prior to Adoption of State Constitution — Littoral Rights. The vested rights of a littoral owner upon a navigable lake, under a patent issued prior to the adoption of the state constitution, to the uninterrupted use of the water in its natural flow or condition, continues unimpaired by the constitution, and cannot be divested except under the power of eminent domain upon the making of compensation; and it is immaterial whether the water flowed from, or stood upon, the land.</p>