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DODGE v. ELLENSBURG WATER CO.

No. 7237-1-III.

46 Wn. App. 77 (1986)

729 P.2d 631

JERRY DODGE, Appellant, v. ELLENSBURG WATER COMPANY, Respondent.

The Court of Appeals of Washington, Division Three.

December 2, 1986.

Attorney(s) appearing for the Case

F. Steven Lathrop, for appellant.

Robert L. Fraser and Cone, Fraser, Gilreath & Korte, for respondent.

McINTURFF, A.C.J.

S. Gerald Dodge appeals the Superior Court's denial of his request for a permanent injunction to enjoin Ellensburg Water Company (EWC) from diverting all the water of Cooke Creek. We affirm.

Mr. Dodge owns farmland which abuts Cooke Creek in Kittitas County. He diverts water from the Cooke Creek channel to irrigate a portion of this land. Upstream from his property, Cooke Creek is crossed by three canals, viz., the North Branch Highline...

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