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STATE EX REL. STATE GAME COM'N v. GOLD HILL IRR.

523 P.2d 1287 (1974)

STATE of Oregon ex rel. State Game Commission et al., Appellants, v. GOLD HILL IRRIGATION DISTRICT, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 28, 1974.

Rehearing Denied August 6, 1974.

Review Denied September 24, 1974.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Patrick Ford, Medford, argued the cause for respondent. On the brief were Robert L. Cowling and Ford & Cowling, Medford.

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

FORT, Judge.

Plaintiff, Oregon State Game Commission, brought an action for damages under ORS 496.705 against Gold Hill Irrigation District arising from the intentional release by defendant of a quantity of a petroleum-related product into one of its water canals. Upon the overflow of the canal, the product ultimately passed, via a tributary, into the Rogue River killing several thousand steelhead fry. The court granted...

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