The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-09-07
ON NON-R|P-
AR|AN RIGHTS
Attorney Gives Opinion Fa-
vorable to Owners of Land
Not on Lake or Stream.
CAN BE CONDEMNED
Question of Rights Affect
ing Moses Lake Land
Owners.
CAN BE CONDEMNED

There has been a discussion for
some time past concerning the rights
of owners of non-riparian lands to
go upon the riparian lands for the
purpose of erecting pumping plant.
Attorney Josiah Thomas, of Seattle,
has given an opinion which if held
by the courts will have a decided eff
feet upon the development of lands
in the Moses Lake country. A num-
Der of owners of land adjoining the
lake, it is said, claimed that their
neighbors owning land not adjoining
the lake had no right to trespass
upon their land for the purpose of
erecting a pumping plant. Mr..
Thomas holds that they can legally
do so. His opinion follows in a let
ter. 1t says:
Replying to the letter under date
of August % last in re right of nom
riparian owner to go over land of
riparian owner to lake shore for the
purpose of erecting plant thereon,
and the further right of enforcing a
right-of-way for pipe line to carry
water from said pumping plant on
non-riparian owners land, I beg to
submit the following:
cd Riparian or shore owner
cannot prevent access of non-riparian
owner to lake shore.
"(2) Right of way for pipe line
through riparian owners land can
be acquired by condemnation pro-
ceedings, in which the shore owner
would be paid the amount of dam
ages to his land as found by a jury.
my conclusions are based upon
the following constitutional and
statutory provisions:
Section 16, Article 1, of the Con-
stitution of the State of Washington,
provides: Private property shall
not be condemned for private use,
except for private ways of necessity
and for drains, fumes or bitches on
or across the lands of other, or agri
cultural, domestic or sanitary pur-
poses. No private property shall be
taken or damaged for public or pri-
vate use without just compensation
| having first been made, or paid into
court for the compensation having
| first been made, or paid into court
for the owner-which compensation
shall be ascertained by jury.
Section 1, Article 81, of the Con-
stitution of the State of Washington
provides: The use of the waters of
this state for irrigation, mining and
manufacturing purposes shall be
deemed a public use.'
Upon the right to the use of water
| by appropriation our statute pro-
vides in substance as follows:
q. The right to the use of water
in any lake, pond or flowing spring
in this state for irrigation. mining or
manufacturing purposes may be ac-
quired by appropriation, and as be-
! tween appropriations the first in time
Is the first in right.
20. When any person owning
claims, lands, or mining claims is not
the riparian proprietor, or being
such has not sufficient frontage on
said stream, lake, artificial stream,
ditch or reservoir to obtain suf-
ficient flow of water to irrigate his
land, or use on his mining claim, he
shall be entitled to the right-Of-way
over the farms or tracts of land, or
other mining claims, which lie be-
tween him and said stream, lake, ar
tificial stream, ditch or reservoir.
"(3) Upon refusal of riparian
owner to permit passage for canal,
ditch or other works over his prop
erty, the person desiring right-of-
way may proceed to condemn and
take right-of-way therefor.
"(4) All persons on the margin.
brink, neighborhood or precinct of
any natural stream of lake of water
shall have the right and power to
place upon the bank of such stream
or lake a wheel, steam pump or
other machine for the purpose of
raising water to the level required
| for the use of said water on irrigated
land, and a right-of-way may be con-
demned over any tracts of land upon
the point where the water is taken
from any natural stream and lake
and the places where it is desired to
use the same.
II think the above will cover all
the information desired by you upon
the subject mentioned in the letter
of August %, but If there is anything
further you desire in the premises
command me-"