The Water Rights Dispute That Reshaped Kittitas County
A landmark court decision in Kittitas County clarifies the complex laws of water appropriation for arid Washington lands.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
This action was brought by plaintiffs Grey and Geddis to establish rights to a portion of the waters of Manastash Creek and to restrain the defendants, Johnson and others, from interference. Judge Upton’s decision, rendered in Ellensburg on March 17, is of the utmost importance, addressing the conflict between common law riparian rights and the doctrine of appropriation. The judge ruled that the common law doctrine of riparian rights—which requires water to flow by a property without significant reduction—is inapplicable to the arid physical conditions of West Kittitas. Instead, the court upheld the doctrine of appropriation, which grants rights based on the intent and active use of water for beneficial purposes. The ruling dictates that appropriation dates back to the time when the settler first took steps toward acquiring title or initiating use, and further implies that water must be measured at the point of diversion to ensure fair distribution and avoid waste through evaporation or leakage.
“The soil of West Kittitas is so arid that the riparian doctrine never took root in it.”
This 1891 case highlights the fundamental struggle for water rights in the Yakima River Basin that persists today. While legal mechanisms have matured, the tension between historical 'senior' water rights and the environmental realities of an arid region remains a defining civic argument in Central Washington.
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