STATE LAND LAWS 1(53 



OVERFLOW DAMAGES. SECS. 226-228 



land and inundate the same, if it be necessary in the erection, 

 construction, maintenance or operation of any water power 

 plant, reservoir or works for impounding water for power pur- 

 poses, irrigation, mining or other public use. (Laws '07, p. 

 233, sec. 1 ; sec. 6828 Rem.-Bal. ; 171 sec. 217 Pierce.) 



Public uses of water defined: Const., Art. XXI, sec. 1, ante. 



Rights of way for irrigating ditches: sec. 205 et seq, ante. 



Right of way for generating electricity: sec. 210 et seq., ante. 



Use of beds and shores by cities: sec. 228, infra; by water districts: 

 sec. 229, infra; by diking districts: sec. 232, infra; by United States: 

 sec. 386, infra; by irrigation and power companies: sec. 230, infra. 



The benefit of this section does not extend to booming and driving companies 

 proposing to impound waters for improving the floatability of streams : Opinions 

 Att'y Gen'l, '11-'12, p. 92. 



But corporations proposing to manufacture, generate and sell electrical 

 energy come within the act : Opinions Att'y Gen'l, '07-'08, p. 428. 



The state cannot grant the right to raise waters so as to destroy the use 

 of lands in private ownership above the line of ordinary high water : Austin 

 v. Bellingham, 69 Wash. 677. 



Right of lower riparian owner to ordinary flood waters : Still v. Palouse 

 Irr. d Power Co., 64 Wash. 606. 



SEC. 226. APPLICATION APPRAISAL. 



The right, privilege, power and authority herein given and 

 granted shall not be exercised or enjoyed until application shall 

 first be made to the Board of State Land Commissioners to have 

 the amount of damages appraised and fixed, which shall be done 

 within sixty days after such application is made. (Laws '07, 

 p. 233, sec. 2 ; sec. 6829 Rem.-Bal. ; 171 sec. 219 Pierce.) 



SEC. 227. PAYMENT. 



When and as soon as said damages are so fixed and assessed 

 by the Board of State Land Commissioners, the same shall be 

 paid to said officer. (Laws '07, p. 233, sec. 3 ; sec. 6830 Rem.- 

 Bal. ; 171 sec. 221 Pierce.) 

 SEC. 228. CITIES MAY INUNDATE SHORE LANDS. 



Any incorporated city or town within the state be, and is 

 hereby, authorized * * * and empowered to erect and build 

 dams or other works across or at the outlet of any lake or water- 

 course in this state, for the purpose of storing and retaining 

 water therein up to and above high water mark ; and for all the 

 purposes of erecting aqueducts, pipe lines, dams or waterworks 



