Byers v. We-Wa-Ne
Oregon Supreme Court
From Umatilla: Gilbert W. Phelps, Judge. In Banc. Statement by Mr. Justice McGamant. This is a proceeding brought under tbe authority of Sections 6635-6659, L. O. L., to determine the rights of the respective parties to the waters of the Umatilla Eiver. The United States appeared and asserted the rights of sundry of its Indian wards, claiming for them water adequate for the irrigation of so much of their allotments as are situate in the bottoms of the Umatilla Eiver.
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From Umatilla: Gilbert W. Phelps, Judge. In Banc. Statement by Mr. Justice McGamant. This is a proceeding brought under tbe authority of Sections 6635-6659, L. O. L., to determine the rights of the respective parties to the waters of the Umatilla Eiver. The United States appeared and asserted the rights of sundry of its Indian wards, claiming for them water adequate for the irrigation of so much of their allotments as are situate in the bottoms of the Umatilla Eiver. Sophie Byers thereupon filed a contest, asserting that she is the owner of 10,000 cubic feet per minute of the waters in…
1Opinion of the CourtJustice McCamant
The briefs in this case are exhaustive; they discuss many questions which we do not find it needful to determine. We agree with counsel for the United States in his statement “that upon the interpretation of [the act of 1885] the claim of contestant Byers to the waters of the Umatilla River is sustained or falls.” Although contestant’s predecessors in interest had used this water for fifteen years prior to 1885, it is conceded that their use during that period was based on a permit revocable by the United States at will.
1. By 1885 the Byers mill had become a valuable property with a capacity…
2Cases cited24 opinions
- Edye v. RobertsonSupreme Court of the United States · 1884
- Winters v. United StatesSupreme Court of the United States · 1908
- Lone Wolf v. HitchcockSupreme Court of the United States · 1903
- United States v. WinansSupreme Court of the United States · 1905
- Kansas v. ColoradoSupreme Court of the United States · 1907
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Rights to Use Water in Big Horn RiverWyoming Supreme Court · 1988
- City of Pocatello v. StateIdaho Supreme Court · 2008
- Merrill v. BishopWyoming Supreme Court · 1955
- Seufert Bros. v. HoptowitOregon Supreme Court · 1951
- United States v. Ahtanum Irr. Dist.District Court, E.D. Washington · 1954
6 more not listed; retrieve them via the Exa API.