West Side Irrigating Co. v. Chase

Citations

• 115 Wash. 146
• 196 P. 666
• 1921 Wash. LEXIS 1065

Syllabus

<p>Waters and Water Courses (99)—Irrigation—Regulations and Control. The water code of the state of Washington (Laws 1917, p. 447) authorizes the state hydraulic engineer to control all the waters of the state for irrigation purposes, including those waters which had theretofore been lawfully appropriated or acquired.</p> <p>Statutes (72)—Construction — Laws Adopted From Other States. In the construction of statutes adopted from other states, the decisions of such states are of importance.</p> <p>Constitutional Law (42) —Executive Powers — Encroachment on Judiciary-—Hydraulic Engineer. The state hydraulic engineer, in seeking to enforce a limiting agreement between the Federal government and an appropriator as to the use of irrigating water which had been determined and adjudicated by a Federal court, does not act in a judicial capacity.</p> <p>Judgment (176)—Conclusiveness oe Adjudication. The fact that a petition for the modification of a judgment is pending does not have the effect of setting aside or vacating the decree which it is sought to modify.</p> <p>Waters and Water Courses (102)—Irrigation-—Actions—Lim-itations. In an action by the state hydraulic engineer to enforce water rights as adjudicated upon a “limiting agreement” with the Federal government reducing the quantity of water allowable under its prior appropriation, the defendant cannot base the defense of the statute of limitations upon the date of such prior appropriation.</p> <p>Same (99)—Irrigation—Regulations—Enforcement. Under § 8 of the water code, empowering the state hydraulic engineer to regulate and control the diversion of waters in accordance with the rights of parties, he has power to enforce such “rights” as have been established by decree of a Federal court, such action not being an attempted enforcement of the decree itself hut of the rights which had been determined thereby.</p>