Down v. Miller

The irrigation district and the bond issue involved in this suit are the same as in State ex rel. v. McClain, 132 Or. 561 (286 P. 590); State ex rel. v. McClain, 136 Or. 53 (298 P. 211), and State ex rel. v. McClain, 136 Or. 60 (298 P. 213). By reference to the last of the three above-cited decisions, it will be observed that a part of the lands comprising the district receive no water from the plant owned by the district. Appurtenant to those lands are adjudicated water rights which are exercised and which supply those lands with an adequate quantity of water. Charles Down, an incompetent,…