Parkersville Drainage District v. Wattier
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Moore. This is a suit by the Parkersville Drainage District by S. W. Jones, Frank J. Bolter and L. D. Kelly, its trustees, against William Wattier and others, heirs of Yallier Wattier, deceased, to enjoin interference with the drainage of certain lands in Marion County.
Read the full summary
From Marion: William Galloway, Judge. Statement by Mr. Justice Moore. This is a suit by the Parkersville Drainage District by S. W. Jones, Frank J. Bolter and L. D. Kelly, its trustees, against William Wattier and others, heirs of Yallier Wattier, deceased, to enjoin interference with the drainage of certain lands in Marion County. The complaint states that, the plaintiff was duly organized July 14, 1904, as a drainage district, giving its boundaries, at which time the trustees named were elected, and that they are now its qualified and acting representatives; that at the easterly end of the…
1Opinion of the CourtJustice Moore
The questions presented by this appeal, are whether or not the appropriation, as alleged in the answer, is valid and the evidence thereof adequate. The testimony shows that about 1849 a dam was built near the mouth of Little Pudding River, whereby the water thereof was retained and also backed up in what was originally called “Lake Labish,” through a part of which-that stream flows. This dam was about eight feet high and the backwater therefrom extended the surface of the lake four miles, making it in some places a half mile wide. In 1851 and the following year a sawmill and a flouring mill…
2Cases cited20 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Forbes v. GraceySupreme Court of the United States · 1877
- Atchison v. PetersonSupreme Court of the United States · 1874
- Broder v. Water Co.Supreme Court of the United States · 1879
- Jennison v. KirkSupreme Court of the United States · 1879
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- PETERS v. McKAYOregon Supreme Court · 1951
- Davis v. ChamberlainOregon Supreme Court · 1908
- Fort Vannoy Irrigation District v. Water Resources CommissionOregon Supreme Court · 2008
4 more not listed; retrieve them via the Exa API.