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McKINLEY v. OWYHEE PROJECT N. BD. OF CONTROL

85-09-20, 517-L; CA A47525.

798 P.2d 673 (1990)

103 Or.App. 253

R.D. McKinley and Evelyn McKinley, Husband and Wife; W.J. Bertram and Eris Bertram, Husband and Wife; Paul Skeen and Merlyn Skeen, Husband and Wife; Tom Okai and Helen Okai, Husband and Wife; Fred Saito; Okai Farms, Inc., an Oregon Corporation; and Saito Farms, Inc., an Oregon Corporation, Respondents, v. OWYHEE PROJECT NORTH BOARD OF CONTROL; CARL L. HILL, Robert Cruickshank, Alvin Griffin, William H. Kennington, Masa Nishihara, Frank Dines, John Ross and State of Oregon, State Highway Division, and Owyhee Project South Board of Control, Defendants, and Owyhee Irrigation District, a Political Subdivision of the State of Oregon; Ontario-Nyssa Irrigation District, a Political Subdivision of the State of Oregon; Advancement Irrigation District, a Political Subdivision of the State of Oregon; Bench Irrigation District, a Political Subdivision of the State of Oregon; Slide Irrigation District, a Political Subdivision of the State of Oregon; Payette Oregon Slope Irrigation District, a Political Subdivision of the State of Oregon; Crystal Irrigation District, a Political Subdivision of the State of Oregon; Owyhee Project Joint Committee; Gem Irrigation District, a Political Subdivision of the State of Idaho; and Ridgeview Irrigation District, a Political Subdivision of the State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided September 5, 1990.

Attorney(s) appearing for the Case

Tim J. Helfrich, Ontario, argued the cause for appellants Owyhee Irr. Dist., Ontario-Nyssa Irr. Dist., Advancement Irrigation District, Bench Irr. Dist., Payette Oregon Slope Irr. Dist., Crystal Irrigation District, Slide Irr. Dist., and Owyhee Project Joint Committee. With him on the briefs was Yturri, Rose, Burnham, Ebert & Bentz, Ontario.

Allyn L. Sweeney, Ontario, argued the cause for appellants Gem Irr. Dist. and Ridgeview Irr. Dist. With him on the briefs were David E. Day and Quane, Smith, Howard & Hull, Ontario.

Steven J. Pierce, Ontario, argued the cause for respondents. With him on the brief were Jeanne C. Clary and Pierce & Associates, Ontario.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

This action arose as a result of damage caused by flooding of the Owyhee River in the spring of 1984. During the preceding winter, the Owyhee Basin received unprecedented snowfall that, coupled with unseasonably warm weather, resulted in an exceptionally heavy spring runoff. The heavy runoff and the physical limitations of the Owyhee Dam combined to force the discharge of substantial amounts of impounded water into the river, flooding plaintiffs...

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