Brosnan v. Harris
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. Suit by Thomas J. Brosnan to restrain W. P. Harris from interfering with a spring, the waters of which plaintiff had conveyed to his ranch before defendant took up the land on which it is situated. Decree for defendant.
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From Malheur: Morton D. Clifford, Judge. Suit by Thomas J. Brosnan to restrain W. P. Harris from interfering with a spring, the waters of which plaintiff had conveyed to his ranch before defendant took up the land on which it is situated. Decree for defendant. The waters of springs which are the source of supply to running streams form a part of any appropriation of the waters of such stream, and the prior appropriator will be protected in its use : Low v. Schaffer, 24 Or. 239, 244 (33 Pac. 678); Strait v. Brown, 16 Nev. 317 (40 Am. Rep. 497). In such case the waters of such springs must flow…
1Opinion of the CourtChief Justice Bean
This is a suit to restrain the diversion of and interference with the water of a certain spring in Malheur County, known as “Fox Spring.’’ Prior to August 4, 1899, the land upon which it is situated was unoccupied public land of the United States. In November, 1898, the plaintiff cut a ditch or trench some thirty feet long through the rim or embankment inclosing the spring, through which, in April, 1899, he conducted its waters into a “kind of a trail or swale that the snow water had made through there, and run it through this channel to’’ his premises, a quarter to half a mile distant, to be…
2Cases cited5 opinions
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- Sullivan v. Northern Spy Mining Co.Utah Supreme Court · 1895
- Cross v. KittsCalifornia Supreme Court · 1886
- Ely v. FergusonCalifornia Supreme Court · 1891
3Cited by15 opinions
- Wrathall v. JohnsonUtah Supreme Court · 1935
- Nielson v. SponerWashington Supreme Court · 1907
- Holman v. ChristensenUtah Supreme Court · 1929
- Peterson v. LundUtah Supreme Court · 1920
- Vaughan v. KolbOregon Supreme Court · 1929
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