OCR Text |
Show WASHINGTON 777 D. ESTOPPEL AND LACHES The Washington Court has held that where the facts justify it the equitable principles of laches and estoppel will apply to cause the loss of a riparian right.153 3.5 Storage Waters, Artificial Lakes, and Ponds Any person desiring to appropriate water for storage and use is required to file an application and comply with provisions of the water code. In addition, any person applying the stored water to beneficial use must also file an application for a permit.154 This latter permit is designated as a secondary permit and must contain an agreement between the owners of the reservoir and the applicant showing that the applicant has sufficient interest in the reservoir to impound water for the purposes set forth in the application.155 When the water has been placed to beneficial use and perfected under the secondary permit, a certificate of appropriation is issued.156 The director must approve plans and specifications for all dams which store in excess of 10 acre feet of water to determine if the structure is safe.157 With respect to natural lakes, 10 or more real property owners abutting on a meandered lake may petition the court for an order to regulate the outflow of the lake in order to maintain a certain water level for the benefit of the abutting property and to provide for the periodical lowering of the lake level to facilitate the elimina- tion of weed growth and other similar purposes.158 This provision does not apply to a lake or reservoir used for irrigation or other beneficial purposes, or lakes navigable from the sea. Provision is made for notice and hearing on the petition and the court may re- quire the installation of devices, such as fish ladders, for the pro- tection of fish and game in the lake. Also, the petition must demon- strate that the level sought to be established will not interfere with the navigability of the lake.159 In addition to maintaining natural lakes for the benefit of private property owners as described above, provision is also made to establish minimum stream flows and lake levels for the public waters of the State. The Department of Ecology may: * * * establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds, or other wild- life resources, or recreational or esthetic values of said public waters when- ever it appears to be in the public interest to establish the same.160 Minimum stream flows and lake levels can only be established after public notice and hearing.161 The establishment of such mini- mum levels and flows cannot adversely affect existing water and storage rights, but future appropriations are subject to the regula- 1BaMa8on v. Yearwood, 105 Wash. 335, 177 Pac. 777 (1919) ; Hollett v. Davis, 54 Wash. 326, 103 Pac. 423 (1909). 15*Sec. 90.03.370. 165 Id. Maid 167 Sec. 90.03.350. 1B«Sec. 90.24.010. 159 Sees. 90.24.020 and 90.24.050. 160 Sec. 90.22.010. wi Sec. 90.22.020. |