Nielson v. Sponer

Citations

• 46 Wash. 14
• 89 P. 155
• 1907 Wash. LEXIS 548

Syllabus

<p>Constitutional Law — Due Process — Waters—Riparian Rights. The statute of 1890 (Bal. Code,. § 4114) providing that a person shall have the first right to the use of spring waters arising on his land, is unconstitutional as to riparian rights to the use of the waters for domestic purposes by lower proprietors whose lands were patented prior to the enactment of the statute; as it deprives them of their property without due process of law.</p> <p>Waters and Water Courses — Riparian Rights — Extent—Irrigation. An upper riparian proprietor is not entitled to divert all the waters of a stream for irrigation purposes, by means of' a ditch running through porous soil occasioning much waste, so that none is left for domestic uses of lower owners.</p>