State Liberty Lake Irrigation Co. v. Superior Court

Citations

• 47 Wash. 310
• 91 P. 968
• 1907 Wash. LEXIS 758

Syllabus

<p>Eminent Domain-—Water Rights—Irrigation—Proceedings— Petition—Sufficiency. In proceedings to condemn the right to water for irrigating purposes, it is not a fatal defect to omit from the petition a statement of the time that the water is to be used, as required by Bal. Code, § 4143, where from other allegations it appears that a perpetual use is desired.</p> <p>Same—Necessity—Defenses. In such proceedings, the fact that the petitioner has appropriated and may obtain a large supply from another source will not defeat the condemnation.</p> <p>Same—Property Subject—Riparian Rights—Waters Used or Needed. Under Bal. Code, § 4156, condemnation of the rights of abutting owners to the use of the waters óf a stream is limited, and cannot include waters used or needed by tbe riparian owner for bis lands then irrigated or wbicb be intends to irrigate witbin a reasonable time.</p>