IQ CONSTITUTION 



ABTS. XXI-XXIV WATER BOUNDARIES. 



Dalles Nav. etc. Co., 27 Wash. 470 ; Jones v. Callvert, 32 Wash. 610 ; Nassa v. 

 Beaborg, 64 Wash. 164 ; Austin v. Bellingham, 69 Wash. 677 ; Van Siclen v. 

 Muir, 46 Wash. 38 ; Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Bleakley 

 v. Lake Wash. Mill Co., 65 Wash. 215. 



This disclaimer extends to tide lands within the limits of an Indian reserva- 

 tion and allotted in severally before the admission of the state : Jones v. Call- 

 vert, 32 Wash. 610. 



And to grants made in praesenti before statehood, although not patented 

 until after : Kneeland v. Korter, 40 Wash. 359. 



The ownership of tide or shore lands so patented is sufficient to support a 

 claim of preference right to purchase the adjoining lands below the meander line 

 under a statute giving such right to the owners of "abutting upland" : Bleakley 

 v. Lake Wash. Mill Co., 65 Wash. 215. 



But the disclaimer does not amount to a grant of the lands lying below the 

 meander line : Denny v. N. P. R. Co., 19 Wash. 298. 



Whether a patent to upland conveys tide lands was a federal question : Ken- 

 yon v. Knipe, 1 Wash. 11 ; Kenyon v. Squire, 1 Wash. 9 ; Kenyan v. Williamson, 

 1 Wash. 12. But is so no longer : McGilvra v. Ross, 215 U. S. 70 ; Bird v. 

 Ashton, 220 U. S. 603 (55 L. Ed. 605). 



For additional references to this section, see Eisenoach v. Hatfield, 2 Wash. 

 245, 259 and 729 ; Baer v. Moron Bros., 2 Wash. 615 ; Seattle & Mont. R. Co. v. 

 State, 7 Wash. 152. 



ART. XXI, SEC. 1. WATER AND WATER RIGHTS. 



The use of the waters of the state for irrigation, mining, and 

 manufacturing purposes shall be deemed a public use. 



Right to hold water on state lands: sec. 225 et seq., Laws, post. 



Use of waters by United States: Laws, sec. 386 et seq., post. 



Right to construct dams and diversion works: Laws, sec. 230 et seq^ 

 post. 



Cited in 20 Wash. 458 ; 39 Wash. 668 ; 59 Wash. 628 ; 67 Wash. 556. 



The principle applied in Kalez v. Spokane Valley Land etc. Co., 42 Wash. 43. 



This does not authorize the taking of private property for private use con- 

 trary to the guarantee of the federal constitution : State ex rel. Tacoma In- 

 dustrial Co. v. White Riv. Power Co., 39 Wash. 648. 



The use of waters for irrigation is a public use : State ex rel. Golden Valley 

 etc. Co. v. Superior Ct., 67 Wash. 556 ; Prescott Irrigation Co. v. Flathers, 20 

 Wash. 454. 



ART. XXIV, SEC. 1. BOUNDARIES. 



The boundaries of the State of Washington shall be as fol- 

 lows : Beginning at a point in the Pacific ocean .one marine 

 league due west of and opposite the middle of the mouth of the 

 north ship channel of the Columbia river, thence running easter- 

 ly to and up the middle channel of said river and where it is 

 divided by islands up the middle of the widest channel thereof 

 to where the forty-sixth parallel of north latitude crosses said 

 river, near the mouth of the Walla Walla river ; thence east on 

 said forty-sixth parallel of latitude to the middle of the main 



