The Tide Line War: Who Owns the Water?

Tacoma, June 2.—Judge has filed his judgment in the case of Calvin S. Bartow vs. Robert Mingato regarding riparian rights. A preliminary injunction was dissolved.

The case involved a dispute between owners of two waterfront lots in Tacoma city. The respondent claimed ownership of a wharf extending into the bay, while the complainants argued their title extended further out. The core question was: "Where is the line of ordinary high tide?"

According to the best evidence, the judge concluded that the original line of ordinary high tide was back upon Lot 7, extending from twenty to twenty-five feet on one side, increasing on the westerly side to a depth of about forty feet. The water thus came back upon this lot to a depth of from four to seven feet, and the platted alley was covered from six to ten feet.

"The title to lands bordering on navigable streams shall stop at the stream," the judge wrote, citing established Supreme Court precedent. "Although such riparian proprietors are limited to the stream, they have the right to construct landings and wharves."

The court found that while the original patentee had platted an alley outside the high-tide line, it existed only in imagination. The common waters ebbed and flowed over it without obstruction. Therefore, the grantor could not convey title beyond the legal boundary of the patent.

"It follows that the line of high tide upon Lot 7 is the limit of private ownership, subject to certain wharfage privileges," the ruling stated. "The owner of an abutting water front has certain rights or privileges... but I cannot concur that because he is granted such privilege he may go beyond his legal boundaries and his ownership out and dispose of blocks and alleys on the tide property."

The suit was dismissed with costs.