Nesalhous v. Walker

Citations

• 45 Wash. 621
• 88 P. 1032
• 1907 Wash. LEXIS 527

Syllabus

<p>Waters and Water Courses — Riparian Rights. The common law doctrine of riparian rights in the use of waters of a stream has become a rule of property in this state.</p> <p>Same — Acquisition op Rights — Irrigation. Where parties acquired or initiated their rights to lands before any attempt was made to acquire by appropriation the right to the use of waters of a stream flowing through the lands, their respective rights to use of the waters must be determined by the common law; and the same permits a reasonable use of the water for the purpose of irrigation.</p> <p>Same — Apportionment op Waters. Where three riparian owners each own the same amount of arid land requiring substantially the same amount of water for irrigation, the waters of a stream flowing through the land should be equally apportioned among them, where the claims to prescriptive rights find no support in the record and their rights do not rest upon appropriation.</p> <p>Same — Waiver op Rights. The assertion of rights to waters by appropriation is not antagonistic to, or a waiver of, riparian rights.</p> <p>Same — Prescription. An owner of arid land .has a prescriptive right to maintain a ditch over adjoining land, where for thirty years she has conducted the water of a stream through the same for irrigating her lands.</p>