Oliver v. Skinner and Lodge

This is a suit to enjoin defendants from diverting water from a certain lake, to the detriment of plain tiff’s allegedly superior rights to such water. The original plaintiff, John A. Oliver, died subsequent to the hearing, and Mina M. Oliver, his widow, who is administratrix of his estate, has been substituted as plaintiff.

The lake in question is called Upper Cow Creek Lake. It is situated in the east central portion of Malheur County, Oregon. It is fed by a number of small streams, of which Cow Creek is the most important. During periods of high water, the lake overflows toward the south,…