In re North Powder River
Oregon Supreme Court
From Union: John W. Knowles, Judge. Department 2. Statement by Me. Justice Eakin. Tbis is an appeal from a decree of tbe Circuit Court for Union County, Oregon, affirming tbe determination of tbe State Board of Control, now tbe State Water Board, as to tbe relative rights of tbe water users on North Powder River.
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From Union: John W. Knowles, Judge. Department 2. Statement by Me. Justice Eakin. Tbis is an appeal from a decree of tbe Circuit Court for Union County, Oregon, affirming tbe determination of tbe State Board of Control, now tbe State Water Board, as to tbe relative rights of tbe water users on North Powder River. The principal issue on the appeal is as to the North Powder Milling & Mercantile Company’s authority and power to sell of its appropriation of 25 second-feet 400 miner’s inches, for use during July and August of each year, being diverted at a point in the southeast quarter of the…
1Opinion of the CourtJustice Eakin
1. The first question presented is as to the exception to the ruling of the board that the failure of the appellants to file a contest before the board to the claim of the North Powder Milling & Mercantile Company and to the claim of Dalton, Smith and McPhee precluded appellants from taking exceptions after*87ward. By Sections 6642 and 6643, L. O. L., upon the completion of the taking of proofs of claims a claimant may give notice to the superintendent of his desire to contest the claim of another. Provision is made in Section 6644, L. O. L., for hearing such contest, and additional evidence may…
2Cases cited10 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Simmons v. WintersOregon Supreme Court · 1891
- McCall v. PorterOregon Supreme Court · 1902
- Cole v. LoganOregon Supreme Court · 1893
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
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3Cited by15 opinions
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- East Bench Irr. Co. v. Deseret Irr. Co.Utah Supreme Court · 1954
- Broughton v. StricklinOregon Supreme Court · 1934
- Tudor v. JacaOregon Supreme Court · 1946
- Oliver v. Skinner and LodgeOregon Supreme Court · 1951
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