Little Walla Walla Irr. Co. v. Finis Irr. Co.
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Chief Justice Bakin. This is a suit by the Little Walla Walla Irrigation Company, a corporation, and others, against the Finis Irrigation Company, a corporation, and others.
Read the full summary
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Chief Justice Bakin. This is a suit by the Little Walla Walla Irrigation Company, a corporation, and others, against the Finis Irrigation Company, a corporation, and others. The facts are as follows: About the 24th day of February, 1905, the Peacock Mill Company, the owner of two flouring mills situated on the Walla Walla River, between the towns of Milton and Freewater, began a suit against a large number of users of the water of the river above the head of its millrace, including most of the defendants in the above-entitled suit, for the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. There is great conflict in the testimony as to the duty of water on this land, namely, the actual amount needed for the use to which it is to be applied, and this is the limit to which a party is entitled, regardless of the fact that he may have actually diverted much more water for a long period of time.
2. Neither the law nor the decisions of the courts have fixed a definite or uniform amount as constituting the duty of water for irrigation in all cases, but it depends upon the character of the soil, the climate, and other conditions, as well as the…
2Cases cited3 opinions
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Brown v. BakerOregon Supreme Court · 1901
- Davis v. ChamberlainOregon Supreme Court · 1908
3Cited by12 opinions
- In re Willow CreekOregon Supreme Court · 1914
- Seneca Consol. Gold Mines Co. v. Great Western Power Co.California Supreme Court · 1930
- Big Cottonwood Tanner Ditch Co. v. ShurtliffUtah Supreme Court · 1916
- In Re Waters of Walla Walla RiverOregon Supreme Court · 1933
- Claypool v. O'NeillOregon Supreme Court · 1913
7 more not listed; retrieve them via the Exa API.