Mack v. Eldorado Water Dist
In Mack v. Eldorado Water Dist., 56 Wn.2d 584, 354 P.2d 917 (1960), two landowners held water right permits issued by the state supervisor of hydraulics, but the appellant sought to obtain the right to maintain a dam and pipeline across the other landowner's property.
After considering former RCW 90.04.030, the predecessor of RCW 90.03.040, the Court explained:
This court has held that the issuance of a water permit by the Supervisor of Hydraulics is not an adjudication of private rights. Thus, the fact that the Supervisor of Hydraulics had issued a permit authorizing appellants to appropriate .11 cubic feet of water per second from the stream in question did not preclude the trial court, in the condemnation action, from determining which of the parties was making a better use of the available water. Mack, 56 Wn.2d at 587.
Thus, RCW 90.03.040 does not automatically guarantee an individual the right to condemn private property in order to utilize a state-permitted water right.
To the contrary, this determination is left to the judgment of the trial court. Id. at 588.