The Fight Over Walla Walla's Subterranean Waters
A legal assessment regarding the city's rights to the Thomas Springs sheds light on early municipal water struggles.
Several days ago the water committee of the Walla Walla Commercial Club submitted to T.P. and C.C. Gose the question of what rights the city of Walla Walla had in relation to the Thomas springs. Monday, the attorneys rendered a lengthy opinion covering several phases of the question. The city holds by conveyance from Alfred Thomas the right to all water flowing or being underneath or upon the springs and underflow on the described land. The city may go upon said lands, dig excavations and drains for the purpose of intercepting the underflow and the springs, and for the purpose of forming conduits to carry the same away. The only limitation to the city's rights is that it must refill all excavations within a reasonable time after their construction so as to leave the land in as good condition as it was at the inception of the work. The opinion further clarifies the distinction between subterranean streams and percolating waters, noting that the city's rights to intercept flow are subject to legal limitations regarding downstream proprietors.
“The city may excavate and dig upon any point of said lands even though by so doing it may destroy trees or crops growing thereon.”
Water rights and the tension between municipal growth and rural land use remain central themes in the Walla Walla Valley. This 1903 dispute highlights the transition from private agricultural water use to the demands of a burgeoning city infrastructure.
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