Legal Opinion

Watts v. Spencer

Oregon Supreme Court

Decided March 3, 1908PublishedCited by 14 opinions

From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Commissioner Slater. This suit was brought by plaintiffs for the purpose of protecting, by injunction, their alleged prior right to the use, for irrigation, of 260 inches of the waters of Williams Creek, in Josephine County, diverted from the west or. left bank of the stream, against the alleged adverse and superior claims of the defendants to the use of 50 inches of the waters of the same stream diverted from the east…

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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Commissioner Slater. This suit was brought by plaintiffs for the purpose of protecting, by injunction, their alleged prior right to the use, for irrigation, of 260 inches of the waters of Williams Creek, in Josephine County, diverted from the west or. left bank of the stream, against the alleged adverse and superior claims of the defendants to the use of 50 inches of the waters of the same stream diverted from the east or right bank, a few rods above the head of plaintiff’s ditch. Plaintiffs allege an appropriation by their predecessors…

1Opinion of the Court

Opinion by

Mr. Commissioner Slater.

The main issue between the parties is the priority of their respective rights. In 1858, Simon Messenger and J. C. Duncan entered upon the southwest quarter of section 12, township 38 south, range 5 west, then vacant and unappropriated lands of the United States, in Josephine County, through which Williams Creek runs in a northeasterly direction. Near the left or west bank of the stream they erected a sawmill, and appropriated and used 1,000 inches of water from the creek to operate their mill, and incidentally, in a small way, for irrigation of adjacent…

2Cases cited15 opinions

  1. Richardson v. McNultyCalifornia Supreme Court · 1864
  2. Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
  3. Hindman v. RizorOregon Supreme Court · 1891
  4. Wimer v. SimmonsOregon Supreme Court · 1895
  5. North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In re Willow CreekOregon Supreme Court · 1914
  2. Smith v. DuffMontana Supreme Court · 1909
  3. First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
  4. Featherman v. HennessyMontana Supreme Court · 1911
  5. Borman v. BlackmonOregon Supreme Court · 1911

9 more not listed; retrieve them via the Exa API.

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