Legal Opinion

McCoy v. Huntley

Oregon Supreme Court

Decided December 26, 1911PublishedCited by 10 opinions

From Wheeler: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit by G. J. McCoy and H. R. McCoy against Charles Huntley to restrain defendant from diverting and using more than one-half of the waters of Pine Creek in Wheeler County.

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From Wheeler: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit by G. J. McCoy and H. R. McCoy against Charles Huntley to restrain defendant from diverting and using more than one-half of the waters of Pine Creek in Wheeler County. Plaintiffs, whose land adjoins that of defendant lower down the creek, claim in substance by their complaint that in 1883 William Clarno, their predecessor in interest, appropriated 30 inches, miner’s measurement, of the waters of Pine Creek for the purpose of irrigating his land; that such appropriation was prior to any appropriation by…

1Opinion of the CourtJustice McBride

It appears from the testimony that the land occupied by plaintiffs was originally settled upon about the year 1871 by Harrison Huntley, a brother of defendant, and that about the same time defendant settled upon the lands now occupied by him. While the testimony is not clear, we conclude that the first appropriation was made for the purpose of irrigating the Harrison Huntley tract, that is to say, a small portion of it, and later the land of defendant. Pine Creek, at that time, was a stream funning near the level of the adjoining land, and it is probable that a portion of the land to some…

2Cases cited4 opinions

  1. Hough v. PorterOregon Supreme Court · 1909
  2. Wiggins v. Muscupiabe Land & Water Co.California Supreme Court · 1896
  3. Becker v. Marble Creek Irrigation Co.Utah Supreme Court · 1897
  4. Helphery v. PerraultIdaho Supreme Court · 1906

3Cited by10 opinions

  1. Sander v. BullWashington Supreme Court · 1913
  2. St. Martin v. Skamania Boom Co.Washington Supreme Court · 1914
  3. Hidalgo County Water Improvement Dist. No. Two v. Cameron County Water Control & Improvement Dist. No. FiveCourt of Appeals of Texas · 1952
  4. Sherred v. City of BakerOregon Supreme Court · 1912
  5. Lower Colorado River Authority v. Texas Department of Water ResourcesCourt of Appeals of Texas · 1982

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