White v. Stout

In White v. Stout, 72 Wash. 62, 129 P. 917 (1913) the Court considered a decision granting condemnation for a right of way for an irrigation ditch. There, two adjacent landowners had riparian rights to a stream flowing by both properties. In order to irrigate his property with this sole source of water the defendant placed a ditch across his neighbor's upland property. Citing Galbraith the Court noted, "there can be no doubt of the defendants' right to condemn a right of way for irrigation over the plaintiff's lands," White, 72 Wash. at 66, because "the defendants alleged necessity for the ditches for irrigation and for rights of way across plaintiff's lands." Id. at 63. Condemnation was therefore permitted.