582 Geddis v Parrish Appellants Reply

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In Folder: Supreme Court Briefs

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582 Geddis v Parrish Appellants Reply

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title: DOCUMENT TITLE - CASENAME PLUS TYPE OF DOCUMENT

title: 582

creator: PARTY

contributor: Attorney or Amici

date: Date of document or first date of session heard

publisher: Washington State Supreme Court

type: Civil

subject: Water

subject: Real Property

language: eng

format: application/pdf

description: Prior History: Appeal from District Court, Kittitas County.Action by George W. Parrish against S. R. Geddis to enjoin the obstruction of an irrigating ditch. Judgment for plaintiff, and defendant appeals.Water-Rights – Appropriation – Public Lands – To maintain a water-course the water must usually flow therein in a certain direction, and in a regular channel, having banks. The stream must have a substantial existence, but the fact that its source is a flowing spring does not change its nature, or exempt the water from appropriation. Where one has appropriated the waters of a stream flowing across public lands, by erecting on his own land a ditch, on acquiring title from the United States takes subject so such appropriation, and he cannot, by obstructions on this own land, divert the water from the ditch of the prior appropriator. The fact that the owner of the lower land acquired title through purchase of possessory rights merely, and not by deed, does not affect his title to the water-rights, as they passed as appurtenant to the land, a complete title to which was obtained through the sale and possession thereunder of the possessory rights.

relation: Geddis v. Parrish, 1 Wash. 587 (1889)

relation: 21 P. 314

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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