Thorp v. McBride

Citations

• 75 Wash. 466
• 135 P. 228
• 1913 Wash. LEXIS 2234

Syllabus

<p>Waters and Water Courses — Appropriation—Beneficial Use— Evidence — Sufficiency. The evidence is insufficient to warrant findings that the owner of a townsite, who had acquired tbe location rights of a placer mining claim and conducted water to the town-site by a ditch across public domain, in 1899, had any right to the water in the ditch, where it appears that little if any beneficial use had ever been made of the water, and since 1902, it had been going to waste, no mineral was every discovered on the claim, the town-site was a deserted village, and the only prospect of his making any use of the water in the future was based upon remote, speculative and fanciful intentions.</p>