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WITHERS ET AL. v. REED

194 Or. 541 (1952)

243 P.2d 283

WITHERS ET AL. v. REED

Supreme Court of Oregon.

Reargued April 10, 1952.

Affirmed April 16, 1952.

Attorney(s) appearing for the Case

Pat H. Donegan, of Burns, argued the cause and filed a brief for appellant.

Leland S. Duncan, of Burns, argued the cause for respondent. With him on the brief was C.B. McConnell, of Burns.

George Neuner, Attorney General, and E.G. Foxley, Deputy Attorney General, of Salem, filed a brief as amici curiae.

AFFIRMED.

LUSK, J.

The single question for decision on this appeal is whether § 116-437, OCLA, is applicable to the state of Oregon. That section reads:

"Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state, and whenever hereafter the owner of a perfected and developed water right shall cease or fail to use the water appropriated, for a period of five successive years, the right to use shall...

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