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STATE v. WILSON

554 P.2d 529 (1976)

26 Or.App. 887

STATE of Oregon ex rel. William S. COX, Director, Division of State Lands, Appellant, v. Elmer WILSON, Respondent.

Court of Appeals of Oregon.

Decided September 27, 1976.

Attorney(s) appearing for the Case

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

James M. Habberstad, The Dalles, argued the cause and filed the brief for respondent.

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

FORT, Judge.

This is an appeal by the Director of the Division of State Lands from a decree dismissing its suit to enjoin defendant from depositing any material in excess of 50 cubic yards in Five Mile Creek in Wasco County, Oregon.

The facts necessary to a decision, which are not seriously disputed, were found by the court, after hearing, as follows:

"1. That the source of Five Mile Creek is in the Mount Hood National Forest and that Five Mile Creek...

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