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RETER v. TALENT IRRIGATION DISTRICT

482 P.2d 170 (1971)

Raymond R. RETER and Joan M. Reter, Husband and Wife, Appellants, v. TALENT IRRIGATION DISTRICT, a Quasi-Municipal Corporation of the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided March 10, 1971.

Attorney(s) appearing for the Case

A. Allan Franzke, Portland, argued the cause for appellants. With him on the briefs were Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, and Frohnmayer, Lowry & Deatherage, Medford.

Thomas C. Howser, Medford, argued the cause for respondent. With him on the brief were Brophy, Wilson & Duhaime, Medford.

Frank J. Van Dyke, Medford, filed briefs amici curiae. With him on the briefs were Van Dyke, DuBay & Robertson, Medford, George H. Proctor and Proctor & Pucket, Klamath Falls, on behalf of Klamath Drainage District and Shasta View Irrigation District; Arthur W. Schaupp, Klamath Falls, on behalf of Enterprise Irrigation District; Kenneth E. Shetterly and Hayter, Shetterly, Noble & Weiser, Dallas, on behalf of Monmouth-Dallas Irrigation District; and Thomas F. Young and Banta, Silven & Young, Baker, on behalf of Burnt River Irrigation District.

Before O'CONNELL, C.J., and SLOAN, DENECKE, HOLMAN, HOWELL, SCHWAB and LANGTRY, JJ.

O'CONNELL, Chief Justice.

This is an action to recover damages for injury to a pear orchard allegedly sustained when water seeping from defendant's irrigation canals caused a rise in the water table on plaintiff's land. The nature of the injuries alleged and the circumstances of the parties are essentially the same as those described in Furrer v. Talent Irrigation District, 90 Or.Adv.Sh. 399, 466 P.2d 605 (1970).

Water concededly...

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