Vandehey v. Wheeler

I would adhere to our former opinion in this case. Vandehey v. Wheeler, 13 Or App 25, 499 P2d 1319 (1972).

Specifically, I disagree with the majority in the following particulars.

Plaintiffs do not seek “to have the court change their point of diversion,” as the majority asserts. The Watermaster directed plaintiffs to repair or replace what the majority calls Dam A at plaintiffs’ expense. The Watermaster stated he would terminate plaintiffs’ rights to appropriate water if they did not do so. As the prayer for relief in plaintiffs’ complaint makes clear, they seek a declaration that they do not…