163 P. 430 | Or. | 1917
delivered the opinion of the court.
In Bowen v. Spaulding, 63 Or. 392, 395 (128 Pac. 37), speaking through Mr. Justice Burnett, this court said:
“When a person has appropriated to his exclusive use a fixed quantity of water and proposes to maintain that holding against all comers, he abandons the rule of riparian owner, and assumes that of a tenant in severalty. ’ ’
Other adjudications are to the same effect: Caviness v. La Grande Irr. Co., 60 Or. 410, 421 (119 Pac. 731); In re Schollmeyer, 69 Or. 210, 212 (138 Pac. 211); Hedges v. Riddle, 75 Or. 197, 198 (146 Pac. 99, 146 Pac. 964).
“the right to use all the water of Sucker Creek at said mill whenever he shall see fit to use it for running said mill or for irrigating purposes, as against all persons on said creek, by virtue of the prior appropriation — excepting only the ditches of Samuel White and Beech & Platter, which were constructed before the mill-race was dug to said mill.”
With the exception of the verified statements filed by Mary Ellen Leonard and two others, none of the veri
Affirmed.