Weidensteiner v. Mally

Citations

• 55 Wash. 79
• 104 P. 143
• 1909 Wash. LEXIS 708

Syllabus

<p>Waters and Water Courses — Licenses—Revocation. Permission to divert the waters of a creek on defendants’ land by a ditch for domestic and irrigation purposes, the defendants refusing to either sell or convey a permanent right of way, is a license merely, revocable at will.</p> <p>Same — Adverse Possession — Prescriptive Right — Repudiation op License. The use of a ditch to convey waters for the statutory period, given by a license, will not ripen into a prescriptive right, where there was no repudiation of the license with notice thereof to the licensor.</p> <p>Same — Appropriation. Waters of a creek already appropriated are not subject to appropriation under the statute.</p> <p>Same — Adverse Possession — Hostile Claim — License. An attempt to make a statutory appropriation of water, used under a license, does not amount to an adverse claim, where it was not so intended, being merely to prevent appropriation by others, and the licensor had no notice of any adverse claim.</p>