In re Waters of Umatilla River
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Banc. This is a proceeding initiated by the United States as a consumer of water of the Umatilla River to have the rights of the several water users upon that stream adjudicated under the provisions of the Water Code of 1909, codified in Section 6635, et seq., L. O. L. The stream in question takes its rise in the Blue Mountains in the eastern part of Umatilla County and augmented by several affluents in its course, flows northerly…
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From Umatilla: Gilbert W. Phelps, Judge. In Banc. This is a proceeding initiated by the United States as a consumer of water of the Umatilla River to have the rights of the several water users upon that stream adjudicated under the provisions of the Water Code of 1909, codified in Section 6635, et seq., L. O. L. The stream in question takes its rise in the Blue Mountains in the eastern part of Umatilla County and augmented by several affluents in its course, flows northerly and northwesterly until it unites with the Columbia River. One of its tributaries is Butter Creek which, roughly…
1Opinion of the Court
BüRNETT, J.
1. The Western Company traces all its claims to operations under the Act of February 18, 1891, codified in Chapter 1 of Title XLIII, L. O. L., which provided that a corporation desiring to divert water for irrigation purposes should post in a conspicuous place at the point of diversion a notice in writing containing a statement of the name of the ditch, canal, or flume, and of the owner thereof, the point at which its headgate was proposed to be constructed, a general description of the course of the conduit, the size thereof in width and depth, and the number and amount of water…
2Cases cited12 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Simmons v. WintersOregon Supreme Court · 1891
- Hindman v. RizorOregon Supreme Court · 1891
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Klamath Irrigation District v. United StatesCourt of Appeals for the Federal Circuit · 2011
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
- Bennett v. CITY OF SALEMOregon Supreme Court · 1951
- Booras v. UyedaOregon Supreme Court · 1983
20 more not listed; retrieve them via the Exa API.