Hallauer v. Spectrum Properties, Inc.

Summary

The Washington Supreme Court considers whether landowners holding a certificated water right may condemn an easement across neighboring property to convey water for domestic use, a heat pump, and fish propagation. The court holds that RCW 90.03.040, rather than the private-way-of-necessity statute in RCW 8.24.010, governs the condemnation and that beneficial use of water constitutes a public use. It reverses the Court of Appeals and permits the Hallauers to proceed with their condemnation action.

Holdings

1. Condemnation of a right-of-way to transport water for application to a beneficial use is governed by RCW 90.03.040 and the public-use condemnation procedures in chapter 8.20 RCW, not by the landlocked-property standard in RCW 8.24.010.
2. The Hallauers' domestic use of water and fish-propagation use are beneficial uses constituting public uses under RCW 90.03.040, and the need to cross the Del Rosarios' property to convey water from the spring to the Hallauers' property satisfies the reasonable-necessity requirement.
3. RCW 8.24.030 does not apply to this proceeding and therefore does not provide a basis for attorney fees in the Supreme Court or Court of Appeals.

Questions Presented

1. Whether condemnation of a right-of-way for transporting water under RCW 90.03.040 is governed by the landlocked-property necessity standard in RCW 8.24.010.
2. Whether the Hallauers established the reasonable necessity required to condemn an easement for transporting water from their certificated water right to their property for beneficial use.
3. Whether RCW 8.24.030 supplied a basis for attorney fees in the condemnation proceedings.

Disposition

reversed_and_remanded