Henrici v. Paulson

It is contended on behalf of the plaintiffs

that their right to appropriate the water of this spring by filing on the same in the office of the state engineer has not been adjudicated.

The spring and waters thereof, involved herein, are the exclusive property of defendants. The water of the spring is not subject to appropriation by the plaintiffs; therefore, there is no necessity for the right of way sought to be condemned: Boyce v. Cupper, 37 Or. 256 (61 P. 642); Morrison v. Officer, 48 Or. 569 (87 P. 896); Hayes v. Adams, 109 Or. 51 (218 P. 933); Willow Creek Irr. Co. v. Michaelson, 21 Utah…