Legal Opinion

In re Silvies River

District Court, D. Oregon

Decided October 7, 1912No. 5,704PublishedCited by 18 opinions

In Equity. In the matter of the determination of the relative rights to the waters of the Silvies river and its tributaries. An alleged separable controversy between petitioners and the Pacific Live Stock Company having been removed to the federal courts, the Attorney General of Oregon, in his official capacity, and as representing the -petitioners and other claimants, moved to remand.

1Opinion of the Court

BEAN, District Judge.

In February, 1909, the Legislature of Oregon passed an act for the regulation, control, distribution, use, and determination of the existing rights to the use of the waters within the state. Laws 1909, p. 319. It divides the state into two water-divisions, provides for election of a state engineer and a superintendent for each division, authorizes the creation of the necessary number of water districts, and the appointment of a water master for each district. All applications for the use of the unappropriated waters of the slate are to be made to and approved by the state…

2Cases cited10 opinions

  1. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
  2. Gaines v. FuentesSupreme Court of the United States · 1876
  3. Torrence v. SheddSupreme Court of the United States · 1892
  4. Hyde v. RubleSupreme Court of the United States · 1882
  5. Upshur County v. RichSupreme Court of the United States · 1890

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3Cited by18 opinions

  1. In re Willow CreekOregon Supreme Court · 1914
  2. Rank v. (Krug) United StatesDistrict Court, S.D. California · 1956
  3. Federal Reserve Bank of Atlanta v. ThomasCourt of Appeals for the Eleventh Circuit · 2000
  4. Weems v. McCloudCourt of Appeals for the Fifth Circuit · 1980
  5. Ormsby County v. KearneyNevada Supreme Court · 1914

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