168 STATE LAND LAWS 



SECS. 237-238 IRRIGATION WATERWAY DISTRICTS. 



shipping may require; and he may charge for wharfage such 

 rates as shall be reasonable : Provided, That he shall at all times 

 leave sufficient room in the channel for the ordinary purposes 

 of navigation. (Laws '54, p. 357, sec. 1 ; Laws '60, p. 326, sec. 

 1 ; Laws '63, p. 531, sec. 1 ; Code '81, 'sec. 3271 ; sec. 8110 Rem.- 

 Bal.; 533 sec. 1 Pierce.) 



State may disaffirm territorial grants of tide lands: Const., Art. 

 XXVII, sec. 1, ante. 



See Const., Art. XV, XVII, ante. 



Lease of harbor area: sec. 147 et seq., ante. 



Cited: 2 Wash. 257 et seq.; 15 Wash. 173; 16 Wash. 543; 43 Wash. 114. 



This act created no more than- a license which has been revoked by Art. 

 XV of the Constitution, at least as to lands in front of which harbor lines are 

 required to be established : Eisenbach v. Hatfield, 2 Wash. 236. 



SEC. 237. DIVERSION WORKS ON SHORE LANDS. 



All persons on the margin, brink, neighborhood or precinct of 

 any natural stream or lake of water shall have the right and 

 power to place upon the bank of such stream a wheel, steam 

 pump, or other machine for the purpose of raising water to 

 the level required for the use of such water in irrigating land. 

 (Laws '90, p. 709, sec. 14; sec. 6338 Rem.-Bal. ; 271 sec. 185 

 Pierce.) 



Right of way for ditch: sec. 205 et seq., ante. 



Right to construct dams and diversion works for irrigation: sec. 

 230 et seq., ante. 



Cited: 70 Wash. 455. 



This section confers no rights of appropriation of water superior to the 

 rights of other owners not riparian : State ex rel. Ham, Yearsley & Ryrie v. 

 Superior Court, 70 Wash. 442. 



SEC. 238. RIVER BEDS DONATED TO COMMERCIAL WATER- 

 WAY DISTRICTS. 



All the right, title, and interest of the State of Washington 

 in and to so much of the beds and shores of any navigable river, 

 stream, waterway or watercourse located within the boundaries 

 of any commercial waterway district up to and including the 

 line of ordinary high tide in waters where the tide ebbs and 

 flows and up to and including the line of ordinary high water 

 within the banks of any navigable rivers and lakes, to the extent 

 that same, under any proceedings to be had under chapter 11, 



