Wimer v. Simmons
Oregon Supreme Court
Appeal from Josephine: W. C. Hale, Judge. This controversy grows out of conflicting claims to water rights by George W. and W. J. Wimer against George Simmons and T. and Z. Cameron, the parties hereto. The plaintiffs are the owners of a ditch used to divert water from the east fork of the Illinois River, in Josephine County, at a point opposite or immediately below the mouth of Allen Gulch.
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Appeal from Josephine: W. C. Hale, Judge. This controversy grows out of conflicting claims to water rights by George W. and W. J. Wimer against George Simmons and T. and Z. Cameron, the parties hereto. The plaintiffs are the owners of a ditch used to divert water from the east fork of the Illinois River, in Josephine County, at a point opposite or immediately below the mouth of Allen Gulch. The point of diversion is on the east side of said fork, and is conducted thence in a southerly direction to where it crosses the same stream by means of a flume constructed for that purpose, and thence…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
The plaintiffs contend that they are entitled to the quantity of water that has been carried through their flume at the crossing of the east fork of the Illinois River during the period intervening from eighteen hundred and-seventy-seven to eighteen hundred and ninety-one. They base their claim of right upon the following propositions: (1) The owners of the defendants’ or Scotch Gulch ditch abandoned all that part of it below Scotch Gulch in eighteen hundred and seventy-seven; (2) the owners of said ditch abandoned all the water thereof that was turned or *6allowe…
2Cases cited24 opinions
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Simmons v. WintersOregon Supreme Court · 1891
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Thomas v. EnglandCalifornia Supreme Court · 1886
- Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
19 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Kareem Garrett v. Wexford HealthCourt of Appeals for the Third Circuit · 2019
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- In re Willow CreekOregon Supreme Court · 1914
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Smith v. DenniffMontana Supreme Court · 1900
30 more not listed; retrieve them via the Exa API.