Oregon Construction Co. v. Allen Ditch Co.

Mr. Justice 'Wolverton

delivered tlie opinion.

The plaintiff being the owner of 1,520 acres of land through which the Umatilla River, a nonnavigable stream, flows, seeks to enjoin the defendant from diverting any of the water thereof in disregard of its riparian rights. Formerly a slough at the mouth of Alkali Canyon, near the center of section’ 21, township 3 north, range 29 east, extended from the river in a northwesterly direction for one fourth’ to a half mile, skirting a rocky bluff in a semicircular form. About the year 1865 one Lowe and his brother constructed a ditch for some distance,…