State ex rel. Olding v. Stampfly

Citations

• 69 Wash. 368
• 125 P. 148
• 1912 Wash. LEXIS 912

Syllabus

<p>Waters and Water Courses—Appropriation—Public Lands— School Lands—Reservations in Territory. School lands in a territory reserved by the Federal government for the use of the common schools of the future state are public lands of the United States, within the rule that the waters of streams on public lands are subject to appropriation under the acts of Cong. 14 Stat. at L. 253, and 16 Id. 218, granting the right as to all public lands generally.</p> <p>Judgment—Conclusiveness—Persons Concluded. A judgment against the holder of a contract tor the purchase of land from the state, determining his right to the waters of a stream, is conclusive upon one deriving his title through the grantee of the state, to whom the contract holder assigned the contract.</p> <p>Contempt—Violation of Judgment—Water Rights. Where a deed conveyed one-half of the waters awarded to a party by a decree, the grantee is guilty of contempt in violating the decree if he uses more than half of the quantity fixed by the decree.</p>