84 P. 1043 | Or. | 1906
delivered the opinion.
This is a suit to determine the respective rights of the plaintiff and defendants to the use of the waters of Crooked Creek, in Malheur County. Crooked Creek is a perennial stream carrying from 600 to 800 inches of water at the-place of diversion by the parties to this litigation, when the quantity is not diminished by parties farther up the stream. .The plaintiff is the owner of 160 acres of arid land through which the creek flows. It was filed on by one Florence Gans in May, 1894, under the desert land act, and she conveyed her interest therein to E. W. Crutcher,, who filed a homestead thereon in 1895 and received a patent in 1901. On November 20,1895, Crutcher filed in the county clerk’s office a notice of intention to appropriate 250 inches of water from the creek for irrigation. During the winter and spring of 1895 and 1896 he constructed a ditch with a carrying capacity of 500 or 600' inches of water from a point on the stream a short distance above his land, with the intention of appropriating-250 inches, or so much thereof as might be necessary, to irrigate his premises. In 1896 he had under cultivation,, and irrigated with water through this ditch, about 20
An examination of the record satisfies us that the findings of the trial court as to the amount of water to which plaintiff is entitled by appropriation is correct. It is ad
Affirm ed.