Prescott Irrigation Co. v. Flathers

Citations

• 20 Wash. 454
• 55 P. 635
• 1899 Wash. LEXIS 182

Syllabus

<p>IRRIGATION COMPANIES-APPROPRIATION OF RIGHT OF WAY-PUBLIC USE-JUDICIAL NOTICE.</p> <p>In a condemnation proceeding to secure right of way for an irrigating canal, it is not necessary for the irrigation company to show that it has condemned or purchased water rights from the riparian owners of the stream it proposes to tap.</p> <p>Under the constitution and statutes of this state the condemnation of lands for the construction of an irrigation ditch constitutes an appropriation for a public use.</p> <p>Courts will take judicial notice that irrigation is necessary in order to produce agricultural crops upon light sage-brush soil.</p>