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Show WASHINGTON 769 State. However, both riparian and appropriation rights exist in Washington, and riparian rights are preserved and protected under the provisions of the water code. Therefore, both riparian and ap- propriation rights must be considered in order to understand the water right situation in Washington today. 3.1 Method of Acquiring Rights A. ACQUISITION OF RIPARIAN RIGHTS A riparian right arises by virtue of the ownership of land adjoin- ing a stream, and is an incident of the ownership of the abutting land.84 The Washington court has ruled that as against the State, riparian rights do not exist in navigable waters because the State owns the bed of the stream and thus the private landowner does not adjoin the water.85 Riparian rights are generally acquired as an incident to the pur- chase of riparian land.88 But a riparian right can be severed from the land and transferred independently of the land itself, or re- served by the grantor when transferring his property.87 In addition to the voluntary transfers, the Washington court has ruled that where all the necessary elements exist, a riparian right may be gained under the doctrine of adverse possession.88 The nature and extent of riparian rights and their relationship to appropriative rights are discussed in section 3.2, infra. B. ACQUISITION OF RIGHTS BY APPROPRIATION Washington has had some variation of the appropriation system as a part of its water law for many years. Rights were early recog- nized where the users had appropriated water on the public domain by diverting the water and placing it to beneficial use with reason- able diligence.89 The priority of the right dated from the time the right was perfected. In 1891, a statutory procedure provided for the initiation of a right by posting notice describing the amount of water sought to be appropriated and other elements of the use pro- posed. If a user claimed a right under this act, strict compliance was required; but if the act was followed, the priority of the right related back to the time the right was initiated.90 But this latter procedure was not exclusive, and rights could still be initiated by diversion and use. Both of these appropriation procedures were repealed in 1917 with the adoption of a comprehensive water code which provided the exclusive method of appropriating the excess surface waters of the State.91 ^Rigney v. Tacoma Light d Water Go., 9 Wash. 576, 38 Pac. 147 (1894) ; Hayward v. Mason, 54 Wash. 653, 104 Pac. 141 (1909). 86 State ex rel. Ham etc. v. Superior Court, 70 Wash. 442, 126 Pac. 945 (1912): Proctor v. Sim, 134 Wash. 606, 236 Pac. 114 (1925). ^Benton v. Johncox, 17 Wash. 277, 39 Pac. 485 (1897). 87 Bigney v. Tacoma Light & Water Co., 9 Wash. 576, 38 Pac. 147 (1894) ; Everett Water Go. v. Powers, 37 Wash. 143, 79 Pac. 617 (1905) ; Pleasant Valley Irr. & P. Go. v. Barker, 98 Wash 459, 167 Pac. 1092 (1917). 88 Smith v. Neohanicky, 123 Wash. 8, 211 Pac. 880 (1923). 89 Horowitz, Riparian and Appropriation Rights to the Use of Water in Washington. 7 Wash. L. Rev. 197 (1932). «Id. 81 Sees. 91.03.010 to 91.03.480. |