Bennett v. CITY OF SALEM

This is a suit for an injunction, brought by Gardner Bennett, as plaintiff, against the city of Salem, a municipal corporation, and Carl Guenther, and Floyd L. Siegmund, water master, as defendants, and involves rights to the use of the waters of the North Santiam river in Marion and Linn counties, Oregon. The trial court entered a decree in favor of plaintiff and defendants appeal.

Plaintiff is the owner of a right to divert and use 812 c.f.s. (cubic feet per second) of water from the North Santiam river for power and manufacturing purposes with priority of 1866. He acquired this right from…