California-Oregon Power Co. v. Beaver Portland Cement Co.

I concur in that portion of the main opinion which construes the Desert Land Act of March 3, 1877 (19 Stat. 377 [43 USCA § 321]).

The main opinion relies largely on the Hood River Case, 114 Or. 112, 227 P. 1065, adjudicating the rights of claimants to water in the Hood river of Oregon. This ease dealt with the power rights of the Pacific Power & Light Company. The court held that the Pacific Power & Light Company, although the owner of riparian land on both banks of the Hood river, was not entitled to the undiminished flow of the river through their land under the law of Oregon, and that the…