Dill v. Killip

Plaintiffs’ premises consist of one acre and lie along and westerly of the Oregon Coast Highway in Lincoln County, Oregon. Prior to May 19, 1938, these premises comprised a part of a larger tract belonging to defendants. The cause of the controversy is the divergence of opinion between the parties plaintiffs and defendants as to their respective rights in and to appropriated water from a reservoir formed to impound the water from springs which are approximately 500 feet northeasterly from the nearest boundary line of defendants’ premises.

Defendants’ rights thereto were derived from a grant…