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WILBER v. WHEELER

534 P.2d 520 (1975)

Wright WILBER et al., Appellants, v. Chris L. WHEELER, State Engineer of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided April 28, 1975.

Rehearing Denied May 28, 1975.

Review Granted June 18, 1975.

Attorney(s) appearing for the Case

William D. Cramer, Burns, argued the cause for appellants. With him on the brief were Cramer & Pinkerton, Burns.

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

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

FOLEY, Judge.

By mandamus petitioners seek to require the State Engineer to issue a new, corrected water right certificate in lieu of one issued on August 8, 1956, because a 17-acre water right was allowed in that certificate on lands not applied for nor owned by the applicant. The lands had been found, by the final proof survey, to have been part of applicant's irrigation project and the water applied to beneficial use thereon. The State Engineer demurred to the...

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