In re Willow Creek
Oregon Supreme Court
From Malheur-: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Bean. This is a proceeding under the act of 1909 (Laws 1909, p. 319), known as the “Water Code,” which was begun on May 5, 1909, by filing with the board of control, water division No. 2, a petition signed by C. T. Locey and J. P. Smith, requesting a determination of the relative rights of the various claimants to the waters of Willow Creek, a stream in Malheur County, Oregon.
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From Malheur-: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Bean. This is a proceeding under the act of 1909 (Laws 1909, p. 319), known as the “Water Code,” which was begun on May 5, 1909, by filing with the board of control, water division No. 2, a petition signed by C. T. Locey and J. P. Smith, requesting a determination of the relative rights of the various claimants to the waters of Willow Creek, a stream in Malheur County, Oregon. The Circuit Court modified and confirmed the order of determination made by the hoard of control, now known as the water hoard. The Eastern Oregon…
1Opinion of the CourtJustice Bean
General Provisions of the Act.
The act is entitled:
“An act providing a system for the regulation, control, distribution, use and right to the use of water, and for the determination of existing rights thereto within the State of Oregon; providing penalties for its violation and appropriating money for the maintenance thereof, and declaring an emergency.”
Section 1 declares:
“Subject to existing rights, all waters within the state may he appropriated for beneficial use, as herein provided, and not otherwise; but nothing herein contained shall be so construed as to take away or impair the vested…
2Cases cited65 opinions
- Muller v. OregonSupreme Court of the United States · 1908
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Reetz v. MichiganSupreme Court of the United States · 1903
- Jackson v. LamphireSupreme Court of the United States · 1830
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3Cited by65 opinions
- Gin S. Chow v. City of Santa BarbaraCalifornia Supreme Court · 1933
- Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Mallatt v. LUIHNOregon Supreme Court · 1956
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
60 more not listed; retrieve them via the Exa API.