Legal Opinion

Spring Hill Irrigation Co. v. Lake Irrigation Co.

Washington Supreme Court

Decided March 20, 1906No. 5954PublishedCited by 4 opinions

Appeal from a judgment of the superior court for Ohelan county, Steiner, J., entered July 15, 1905, in favor of the defendants, dismissing an action to determine the right to the waters of a stream, upon sustaining a demurrer to the plaintiff’s reply to the answer.

1Opinion of the CourtHadley, J.

— In this action the plaintiff claims to he the owner of the right to use all the water flowing in the two northwest branches, of Stemilt creek, a perennial stream, situated in Chelan county, this state. The right is alleged to have been prescriptively acquired, and the complaint states that the plaintiff and its grantors have diverted, appropriated *380and used the water continuously, uninterruptedly, and adversely, claiming to be the absolute 'Owners of such right, for more than ten years. It is alleged that the defendants claim a right to interfere with plaintiff’s use of said water, and that…

2Cases cited2 opinions

  1. Miller v. Lake Irrigation Co.Washington Supreme Court · 1902
  2. Miller v. Lake Irrigation Co.Washington Supreme Court · 1903

3Cited by4 opinions

  1. Mason v. YearwoodWashington Supreme Court · 1910
  2. West Side Irr. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1917
  3. United States v. Ahtanum Irr. Dist.District Court, E.D. Washington · 1954
  4. Snowden v. AndersonWashington Supreme Court · 1908

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