State ex rel. Kirkendall v. Superior Court
In State ex rel. Kirkendall v. Superior Court, 130 Wash. 661, 228 P. 695 (1924) the court reviewed a grant of condemnation for a right of way to convey water for irrigation purposes.
Again, we initially noted the necessity of delivering water to the particular land at issue:
About 40 acres of Wiltz's land is capable of being irrigated by gravity from the waters of the creek, and thus its productiveness be very materially increased, providing he can acquire a right of way for an irrigation ditch over Kirkendall's land from an intake on the creek above Kirkendall's land; otherwise, because of the nature of the creek, very little of Wiltz's land can be effectually irrigated by gravitation from the waters of the creek, and he has no other means of effectually irrigating any substantial portion of his land. Kirkendall, 130 Wash. at 662,
Because of this necessity--and despite the fact the landowner did not conclusively have a right to take the necessary water--the court affirmed the grant of condemnation. Id. at 665-66.