Ortel v. Stone

Citations

• 119 Wash. 500
• 205 P. 1055
• 1922 Wash. LEXIS 813

Syllabus

<p>Navigable Waters (1) — Lakes—What Constitutes. A small lake covering forty acres, from ten to fifty feet deep at any point fifty feet from the shore, is a navigable lake, although it has never been used for navigation.</p> <p>Waters and Water Courses (1) — Appropriation. The water between high and low water mark in a navigable lake is subject to appropriation for irrigation.</p> <p>Same (10-13) — Appropriation—-Priorities—Quantity. The measure of the rights of a prior appropriator who claimed all the waters of a navigable lake for irrigation is the amount of water actually taken and put to a beneficial use, and the same cannot be increased by subsequent needs, as against a subsequent appropriator.</p> <p>Same (10, 15) — Appropriation—Privity—Changes. A subsequent appropriator of surplus waters in a lake has the right to add and store waters in the lake for his use, subject to prior rights, and under supervision of the hydraulic engineer under Rem. Comp. Stat., § 7396.</p>