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ALEXANDER v. CENTRAL OREGON IRRIGATION DISTRICT

528 P.2d 582 (1974)

Tom ALEXANDER et al., Respondents, v. CENTRAL OREGON IRRIGATION DISTRICT, a Corporation, Appellant.

Court of Appeals of Oregon.

Decided November 18, 1974.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Bryant & Edmonds, Redmond, and Dezendorf, Spears, Lubersky & Campbell, Portland.

J.C. VanVoorhees, Prineville, and John C. Sterling, Los Angeles, Cal., argued the cause for respondents. With them on the brief were Bodie, Minturn, VanVoorhees & Larson, Prineville.

Before SCHWAB, C.J., and FORT and HOWELL, JJ.

FORT, Judge.

Plaintiffs, owners of lands within the boundaries of defendant Central Oregon Irrigation District, brought a declaratory judgment suit seeking to have certain water rights acquired by defendant district in 1958 impressed with a constructive trust in plaintiffs' favor. The circuit court impressed such constructive trust and ordered the district to transfer the water rights to plaintiffs on payment of a specified amount per acre. Defendant appeals. We review...

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