Miller v. Grants Pass Irrigation District

*314LINDE, J.

The State of Oregon and the Grants Pass Irrigation District ask us to reverse a decision of the Court of Appeals that they were not immune from tort liability to plaintiffs whose boat was swept over the district’s dam on the Rogue River. 62 Or App 747, 663 P2d 30 (1983).1

The Court of Appeals summarized the facts as follows:

“The irrigation district owns, operates and maintains the Savage Rapids Dam. The state has jurisdiction to promulgate boating regulations applicable to the waters upstream from the dam and does so through its Marine Board. ORS 488.600(1). In 1957, two people were…