State ex rel. Kettle Falls Power & Irrigation Co. v. Superior Court

Citations

• 46 Wash. 500
• 90 P. 650
• 1907 Wash. LEXIS 652

Syllabus

<p>Eminent Domain — Parties Entitled — Irrigation—Priority. An irrigation company, which commenced its construction of a canal in January, 1905, had expended a large amount of money in construction work before the organization of another company in 1906, and in two years had expended $38,000 and was provided with ample means to complete the work, is shown to have been proceeding in good faith and diligently, and has a prior right to condemn waters of a stream which are not sufficient for both companies.</p> <p>Same — Property Subject — Riparian Bights. Tbe common law-rights of riparian owners to the natural flow of waters of a non-navigable stream are subject to. condemnation for irrigation purposes under Bal. Code, § 4143, except as to the water that is used or needed by himself for the purpose of irrigation, as provided in Id., § 4156.</p> <p>Same — Transfer of Riparian Rights — Priority Between Irrigation Companies. Where an irrigation company, prior in point of time, was already in good faith prosecuting its construction work for the use of the waters of a stream, another company acquiring riparian rights for the use of the same waters takes such rights subject to the right of condemnation existing against the riparian owners in favor of the prior company; since, as between two companies seeking to use the same waters, the one prior in time is prior in right, and the fact that the later company is a public carrier does not enlarge its riparian rights.</p> <p>Same — Priority — Necessity op Prior Condemnation Proceedings. Where an irrigation company is openly and in good faith prosecuting the construction of its ditch for the use of the waters of a stream, it is not necessary that it should have previously condemned its water rights to give it priority over another company lower down on the stream subsequently seeking the use of the same waters.</p> <p>Same. Laws 1889-90, p. 718, § 42, providing that the appropriator of water rights seeking condemnation for irriga