THE IERIGATION AGE. 



319 



Supreme Court Decisions 



Irrigation Cases 



ABANDONMENT OF WATER RIGHT. 



An "abandonment" is an intentional relinquish- 

 ment of a known right, the intention to be ascertained 

 from the conduct and declarations of the party in re- 

 spect thereto ; and there was no abandonment of a 

 reservoir and water right appurtenant thereto, though 

 the owner gave up its domicile in the state, and there 

 was a nonuser for a period of 10 years, where, before 

 it left the state, it executed a mortgage on the prop- 

 erty, and the mortgagee foreclosed and had a sale after 

 its departure, as there was no intention of the mort- 

 gagee to abandon ; and the mortgagor, by his failure 

 to pay the license fees, etc., could not defeat the mort- 



gagee's interest. Moore United Elkhorn Mines. Su- 

 preme Court of Oregon. 127 Pacific 964. 

 OVERFLOW WATERS. 



A riparian owner of land on a stream in Oregon, 

 a part of which is irrigated by the overflow water each 

 spring and produces annual crops of grass, used by him 

 for pasturage and hay, and which land, without such 

 irrigation, would be valueless for practical use, has a 

 vested right in such water, of which he cannot be 

 deprived by another above him by an appropriation 

 made under the state statutes (L. O. L. 6525 et seq., 

 or Act Feb. 24, 1909 [Laws 1909, p. 319]), both of 

 which, while authorizing such appropriation, provide 

 that no owner of lands on a stream shall thereby be 



Send $1.00 for 1 year's subscription to the IRRIGA- 

 TION AGE and bound copy of THE PRIMER OF IRRIGA- 

 TION. If you desire a copy of The Primer of Hy- 

 draulics, add $2.50 to above price. 



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Remit $3.00 for one year's 

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