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UNITED STATES v. WARMSPRINGS IRR. DIST.

No. 774.

38 F.Supp. 239 (1940)

UNITED STATES et al. v. WARMSPRINGS IRR. DIST. et al.

District Court, D. Oregon.

November 13, 1940.

Attorney(s) appearing for the Case

Carl C. Donaugh, U. S. Atty., J. Mason Dillard, Asst. U. S. Atty., and B. E. Stoutemyer, Dist. Counsel, U. S. Reclamation Bureau, all of Portland, Or., for plaintiff United States.

Robert D. Lytle, of Vale, Or., for plaintiff Vale Oregon Irr. Dist.

Ed. R. Coulter, of Weiser, Idaho, and W. H. Strayer, of Baker, Or., for defendant Warmsprings Irr. Dist.

I. H. Van Winkle, Atty. Gen. of Oregon, Rex Kimmell, Asst. Atty. Gen. of Oregon, and Max S. Taggart, Dist. Atty., of Vale, Or., for defendant Stanley Mallett.

JAMES ALGER FEE, District Judge.

The Malheur River is a perennial stream in which the flow of water is seasonal, varying from flood conditions in spring to an extremely small flow in late summer. This stream heads in three different localities, and the resultant water courses are known respectively as the South Fork, Middle Fork and North Fork of the Malheur. These branches have united, just below Juntura, Oregon, as the Malheur River, which flows in a northeasterly...

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