September October 2017

Water Rights Quiz Continues on page 16 T B ased on the factual scenario presented here, can you accurately ascertain who holds the contested water rights described, which were adjudicated in the Supreme Court of Oregon, and can you identify the legal basis for the Court’s ruling? 15 Professional Land Surveyors of Oregon | www.plso.org 1862 1864 1863 1866 Estes, a typical settler, establishes a home- stead upon a certain section in an arid portion of eastern Oregon. Washington Creek passes through his land, before dissipating in the desert just a few miles downstream. Estes posts notices along the creek, an- nouncing that he intends to appropriate all of the water that comes down the creek. Also at this time, Estes and his partner Dill deed land, lying on the downstream side of his property, to Gordon and Manville, along with water rights. Estes digs a ditch on his land, tapping into Washington Creek, and begins using the water to irrigate crops. Other settlers begin to arrive in the area at this time, in- cluding Swift, who settles upon land lying downstream, in the next section through which the creek passes. Estes constructs additional ditches on his land and takes all of the water he needs from the stream, without objection from anyone.