McCall v. Porter
Oregon Supreme Court
From Lake: Henry L. Benson, Judge. This is a suit by Cynthia I. and W. H. McCall against James C. and Josiah Porter to restrain the defendants from interfering with the flow of water through what the plaintiffs designate as the eastern or McCall branch of Buck Creek, a natural water course, heading in a spur of the Yampsay Mountains., and flowing in a northerly and easterly direction through Silver Lake Valley, in Lake County.
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From Lake: Henry L. Benson, Judge. This is a suit by Cynthia I. and W. H. McCall against James C. and Josiah Porter to restrain the defendants from interfering with the flow of water through what the plaintiffs designate as the eastern or McCall branch of Buck Creek, a natural water course, heading in a spur of the Yampsay Mountains., and flowing in a northerly and easterly direction through Silver Lake Valley, in Lake County. Soon after it reaches the valley, it divides into numerous branches, one of which flows through the defendants’ land in a well-defined channel, 6 or 8 feet wide and 2…
1Opinion of the CourtJustice Bean
There are substantially three defenses set up in the answer: (1) That what plaintiffs designate as the eastern or McCall branch of Buck Creek is not a natural water course; (2) that their cause of suit is barred by the statute of limitations; and (3) that the defendants are entitled by prior appropriation to all the water that will flow within the banks of Buck Creek at the alleged point of division, when the banks are maintained at a uniform height.
The question as to whether there ever was a natural stream of water flowing from the land of defendants down to the land of plaintiffs is…
2Cases cited11 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Simmons v. WintersOregon Supreme Court · 1891
- Thomas v. GuiraudSupreme Court of Colorado · 1883
- Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
- Low v. RizorOregon Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
- Gardner v. WrightOregon Supreme Court · 1907
- Williams v. AltnowOregon Supreme Court · 1908
28 more not listed; retrieve them via the Exa API.