VANDEHEY v. WHEELER


499 P.2d 1319 (1972)

Adrian L. VANDEHEY and Paullne E. Vandehey, Husband and Wife, et al., Appellants, v. Chris L. WHEELER, State Engineer of the State of Oregon, and Clayton Gardner, Watermaster District No. 1, Respondents.

Court of Appeals of Oregon, Department 1.

Decided July 27, 1972.


Attorney(s) appearing for the Case

Thomas J. Moore, Hillsboro, argued the cause for appellants. With him on the briefs were Brink & Moore, Hillsboro.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondents. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and THORNTON, JJ.


SCHWAB, Chief Judge.

In this declaratory judgment proceeding, which is equitable in nature, plaintiffs are three Washington County farmers who hold water permits entitling them to appropriate a set amount of water for irrigation. Defendants are the State Engineer and District Watermaster who issue such permits and regulate their use. Defendants have demanded that plaintiffs repair or reconstruct a dam in order to continue to appropriate water under their permits....

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