Mann v. Parker
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Chiee Justice Bean. This is a suit by P. A. Mann against Charles Parker and Charles M. Chapin to prevent the defendants from diverting the waters of Greenhorn and Greenwood creeks, in Baker County, to the prejudice of plaintiffs prior rights. Greenhorn and Greenwood creeks are small streams uniting a short distance above the head of thej plaintiffs ditch.
Read the full summary
From Baker: Samuel White, Judge. Statement by Mr. Chiee Justice Bean. This is a suit by P. A. Mann against Charles Parker and Charles M. Chapin to prevent the defendants from diverting the waters of Greenhorn and Greenwood creeks, in Baker County, to the prejudice of plaintiffs prior rights. Greenhorn and Greenwood creeks are small streams uniting a short distance above the head of thej plaintiffs ditch. They have their origin in the mountains at an elevation of about 7,000 feet, where, from the 1st of November to the following April of each year, the snow is from four to eight feet deep. The…
1Opinion of the CourtChief Justice Bean
1. It is admitted that plaintiff has a prior right as against the defendants to the use of water from Greenhorn and Greenwood creeks to the carrying capacity of his ditch during the placer mining season, and that defendants have no right to interfere therewith. The contention for defendants, however, is that they are entitled to use a sufficient amount to operate their mill during such times as plaintiff is not using it for the purposes of his appropriation. An appropriator of water acquires a right therein only to the extent to which it is applied to a beneficial use, and he cannot claim any…
2Cases cited2 opinions
- Atchison v. PetersonSupreme Court of the United States · 1874
- Mattis v. HosmerOregon Supreme Court · 1900
3Cited by12 opinions
- Hough v. PorterOregon Supreme Court · 1909
- State v. FinchOregon Supreme Court · 1909
- Gardner v. WrightOregon Supreme Court · 1907
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Williams v. AltnowOregon Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.