Andrews v. Donnelly
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Burnett. Fred Andrews, Joseph Cuhna, Odd Teel, George T. Higginbottom, Mildred Spike, Elvira Teel, unite with the Allen Ditch Company, a corporation, as plaintiffs, and bring this suit to enjoin Frank Donnelly, William H. Doughtrey and J. G. Thomas from diverting any of the water of the Umatilla River, a nonnavigable stream, from a point above the intake of an irrigation canal which plaintiffs aver they own and…
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Burnett. Fred Andrews, Joseph Cuhna, Odd Teel, George T. Higginbottom, Mildred Spike, Elvira Teel, unite with the Allen Ditch Company, a corporation, as plaintiffs, and bring this suit to enjoin Frank Donnelly, William H. Doughtrey and J. G. Thomas from diverting any of the water of the Umatilla River, a nonnavigable stream, from a point above the intake of an irrigation canal which plaintiffs aver they own and maintain by virtue of an appropriation prior and superior to any right of the defendants. Concerning the plaintiffs, the…
1Opinion of the CourtJustice Burnett
The Umatilla River is an unnavigable stream which takes its rise in the Blue Mountains near the eastern boundary of the county bearing its name, and, after receiving various affluents, flows in a general north to northwest course in passing the lands mentioned in this suit. The holdings of the plaintiffs are on the west side and premises of the defendants are on the east side of the river. After the fall rains have set in and until the melting snows of the mountains are gone in the early summer, there is enough water for all purposes; but by July the river gets low, and, until some time in…
2Cases cited4 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
- Davis v. ChamberlainOregon Supreme Court · 1908
- Porter v. PettengillOregon Supreme Court · 1910
3Cited by10 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
- Iron City Savings Bank v. IsaacsenSupreme Court of Virginia · 1932
- Wills v. MorrisMontana Supreme Court · 1935
- In re Waters of Umatilla RiverOregon Supreme Court · 1917
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