Sander v. Bull

Citations

• 76 Wash. 1
• 135 P. 489
• 1913 Wash. LEXIS 1776

Syllabus

<p>Waters and Water Courses — Appropriation—On Railroad Lands. Waters of a stream on land embraced within the grant to the Northern Pacific Railway are not subject to appropriation subsequent to the date upon which the company filed its map of definite location; since the doctrine of riparian rights prevails in this state, and waters may be appropriated only from streams flowing upon public lands.</p> <p>Same — Appropriation—What Constitutes. Appropriation of water consists in an intention to appropriate, followed by reasonable diligence in applying the water to a beneficial use.</p> <p>Same — Appropriation—Conflicting Riparian Rights. Where rights in public lands are initiated prior to any appropriation of the waters of a stream thereon, the rights of riparian proprietors are determined by the rules of the common law and not by any rule of prior appropriation.</p> <p>Same — Riparian Rights — Statutes—Construction. The act of 1873, p. 520, with reference to the appropriation of waters in Yakima county, did not destroy riparian rights after the land had passed into private ownership.</p> <p>Same — Appropriation—Good Faith of Settler. One seeking appropriation of waters for irrigation must be an actual dona tide settler, having a possessory interest, with intent to acquire title.</p> <p>Same — Appropriation—Abandonment. To constitute an abandonment of appropriated waters, an intent to abandon and an actual relinquishment must concur.</p> <p>Same — Prescriptive Rights to Appropriated Water. A prescriptive right to water which had been appropriated, is not initiated until the prior appropriators are deprived of its use in such a substantial manner as to notify them that their rights are being invaded.</p> <p>Same — Appropriation—Good Faith — Presumptions. It will be presumed that a settler in possession of Northern Pacific railroad lands prior to the filing of the map of definite location of the railway company, who had a card and a contract to purchase from the company