Miller v. Lake Irrigation Co.

The opinion of the court was delivered by

Reavis, C. J.

Suit to quiet right to water. Philip Miller and nine others joined as plaintiffs, claiming water by appropriation from Stemilt Creek, in Chelan county. The allegation of right in the complaint is as follows:

“That plaintiffs are the owners in fee simple and in possession of the first right to divert, for irrigation, stock, and domestic purposes, from Stemilt Creek, situated in the county of Kittitas, now Chelan, Washington, four hundred inches, miner’s measure, under a six-inch pressure of the waters of said creek.”

It is then alleged, in…