McEvoy v. Taylor

Citations

• 56 Wash. 357
• 105 P. 851
• 1909 Wash. LEXIS 905

Syllabus

<p>Water and Water Courses — Riparian Rights — Pollution—Reasonable Use. Tbe owner of a small tract of land upon which, there are springs, forming a pond about twenty feet wide by forty feet long, cannot be enjoined by a lower riparian owner from use of the same for a few geese, and horses and cattle at pasture, as the same is a reasonable use, and pollution of the stream thereby is a natural incident to proper and reasonable use thereof.</p> <p>Same — Nonriparian Owners. One who is not a riparian owner but who diverted the waters of a spring to his own land by pipes, cannot enjoin the pollution of the waters by an upper riparian owner who had used the waters on his own lands for ten years prior to the diversion.</p>