Washington Law Review


G. Keith Grim


Action by a water district to appropriate and condemn water for domestic uses from a nonnavigable lake. All the riparian land was privately owned by persons who used the lake for boating, bathing, and fishing. One tract was planted in berries and intensively fertilized, and drainage from it seeped into the lake. The trial court held that boating, bathing, fishing, and reasonable agricultural pollution were riparian rights which would be damaged by operation of the state health laws protecting water supplies, and awarded compensation for the resulting depreciation in land values. Appeal. Held: Affirmed. Petition of Clinton Water District, 36 Wn. 2d 284, 218 P. 2d 309 (1950).

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