Northwestern Pacific Indemnity Co. v. Junction City Water Control District

The issue, as presented by the parties, is whether an indemnity clause was incorporated by reference into a form contract between the state and a municipal government entity where the text of the incorporating provision identified for incorporation the “appropriate” provisions contained in another document.

Defendant applied for and was granted a permit from the then Oregon State Highway Commission to construct an irrigation canal across state owned land adjacent to a highway. The application for the permit, which is a form authored and issued by the state, 1 contained on the back in the same…