McFadden v. Ferguson

Citations

• 99 Wash. 683
• 170 P. 365

Syllabus

<p>Waters and Water Courses—Irrigation. Where plaintiffs constructed dams in an irrigation canal to divert waters in the canal owned by them, and continuously diverted and adversely used the water for more than ten years upon their lands, they became the owners of the waters and of the ditch and right of way.</p> <p>Same—Title to Waters—Actions. Defendants and cross-complainants in an action involving the right to irrigation waters seeking to bring in new parties must rely on the strength of their own title, not on the weakness of that of their adversaries.</p> <p>Same—Conveyance oe Waters—Seepage Waters. A conveyance of all the waters of a creek which the grantors then owned above a certain point, includes percolating or seepage waters therefrom above such point; and a reservation of such a portion of the waters as remain after adaption to the uses of the grantee reserves no seepage waters above the point in question, where the grantees used and adapted all of the waters granted.</p>