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'In the Circuit Court of the State of Oregon for The 'IN THE CIRCUIT COURT OF THE STATE OF OREGON FO R THE COUNTY OF UNION . IN THE MATTER OF THE DETERMINATION OF THE ) RELATIVE RIGHTS OF THE VARIOUS CLAIMANTS ) TO THE USE OF THE WATERS OF GRANDE RONDE ) RIVER ABOVE THE MOUTH OF GORDON CREEK AND ) OF ALL ITS TRIBUTARIES ABOVE SAID POINT, ) DECREE . INCLUDING GORDON CREEK, EXCEPT MILL CREEK, HERE- ) TOFORE ADJUDICATED, IN UNION COUNTY, OREGON . ) Now at this time the above entitled matter coming on for consideratio n by the Court, and it appearing that certain appeals were taken from the forme r decree of this Court as entered March 13th, 1924, and that mandates of the Supreme Court were filed with the Clerk of this Court February 16, 1925, modifying said decree of this Court as to the rights allowed to E . E . Grout and to the estate o f George Gekeler, and that otherwise no changes have been made in the water right s adjudicated to the respective claimants, as set forth in the findings of th e State Water Board dated the 10th day of April, 1918, and supplemental findings o f said Board dated the 22nd day of June, 1921, as modified by said decree of thi s Court, and it further appearing that a final consolidated decree may now be entere d completely describing all rights, as provided by said decree, it i s CONSIDERED, ORDERED, ADJUDGED AND DECREED, that the relative rights o f the various claimants to the use of the waters of GRANDE RONDE RIVER above the mout h of Gordon Creek, and all of its tributaries above said point, including Gordon Creek , excepting Mill Creek, heretofore adjudicated, are hereby adjudicated, determined an d settled as follows, to-wit : 1 . That the Grande Ronde River rises in the southwest part of Unio n County in the Blue Mountains and flows in a northerly direction and easterl y direction through the Grande Ronde Valley, and empties into the Snake River ; tha t from the mouth of Gordon Creek to Snake River the river flows through a lon g narrow canyon, and there is very little or no irrigation from the stream ; tha t Catherine Creek rises in the southeast part of Union County and flows in a northerly and westerly direction until it empties into the Grande Ronde Rive r near Cove, Oregon . That the land irrigated from said river and its tributaries is ari d land and irrigation is necessary for the raising of profitable crops ; that said stream is a perennial stream and that various ap propriations of water users hav e been made therefrom under the laws of the State of Oregon existing at the time o f GRANDE RONDE RIVER - Consolidated 1 . 1 EXHIBIT 'PAGE OF ---- the initiation of such water rights . 2 . Contest No . 2 George Hempe, et al ., Contestants , vs . Amalgamated Sugar Company, A . T . Hill, H . E . Coolidge and Floyd McKennon , Contestees . Contest No . 3 . George Hempe, et al ., Contestants , vs . G . W . Benson, S . I . Benson and Dick Benson, individually and a s partners, doing business under the firm name and style or Benson Brothers . Contestees . Contest No . 4 . George Hempe, et al ., — fcr /rs nt ' r r, -,, s •,'c e /n s It! 7,/z 3 re ,,LL Con,eestan , con sl5n ~5 7r/ > ry(ec% 6y . t tT,„2s , J, •rte vs . W . J . Townley, Myrtle McMaugh and Mr . McMaugh , Contestees . That these contests were settled by the decision and decree of the United States Court for the District of Oregon, together with the stipulatio n of the parties to the said contests . Said stipulation was signed by all partie s except the Amalgamated Sugar Company, and is as follows : "Whereas, the above named contestants have an interest in an d to the waters of Catherine Creek for irrigation purposes and have made use of suc h water right through various ditches named and described in their respective proof s of claim and particularly that certain ditch known as the Swackhamer ditch and th e ditch known as the Hempe-Wright-Hutchinson ditch and other ditches, and tha t certain ditch known as Godley ditch No . 2, the Stoddard ditch and ditches "A" an d "B", as a part thereof and other ditches, an d "Whereas, the date of priority of the Swackhamer-Hutchinson - Schoonover ditch above mentioned is September 6th, 1898, and of the Hempe-Wright - Hutchinson ditch is March, 1905, and of the Godley ditch No . 2, is the year 1884 , as to the contestants herein, and GRANDE RONDE RIVER - Consolidated 2 . 2 EXHIBIT PAGE QF .®,.' "Whereas, the said contestants as the interested parties in sai d ditches have begun and are now prosecuting before the above named Boar d certain contests against George Benson, S . I . Benson, and J . A . Benson, in- dividually and as partners, doing business under the firm name and style o f Benson Brothers, and who are the owners of the following described lands : "All that part of the north half of the southwest quarter o f Section three (3) lying west of Catherine Creek, and all that part of th e west half of the northwest quarter of Section three (3) lying west of Catherin e Creek ; also the northeast quarter and the north half of the southeast quarte r of Section four (4) T . 4 S . R . 39 E . N . M ., and who, as such owners have file d claims to the rights to the use of waters of Catherine Creek for irrigatio n purposes, which said claims are now on file with the Superintendent of Wate r Division No . 2, and to which reference is hereby made for all the informatio n therein contained, and which proofs of claim are by such reference made a part of this stipulation, and "Whereas, W. J . Townley, one of the contestees above named, i s the owner of the following described land : "The north half of the northeast quarter and the northeast quarter o f the northwest quarter of Section nine (9) and the east half of the southwes t quarter of Section four (4) Township four (4) South, Range thirty—nine,(39) E . W . M ., for which said lands the said Townley claims a right for irrigation purpose s to the waters of Catherine Creek by and through a ditch called Sugar Bee t Ir ation Company's ditch, claims respecting which are now on file with th e Superintendent of Water Division No . 2 and to which reference is hereby made , and by such reference said claims are made a part of this stipulation . And said Townley is also the owner of the north half of the northwest quarter of sectio n four (4) and the northeast quarter of the northwest quarter of Section four (4) , and the north half of the northeast quarter of Section five (5), and the north hal f of the northwest quarter of Section five (5) Township four (4), South, Range 39 E . W . M ., also Section thirty—two (32) the west half of Section thirty—three (33) , the southwest quarter of the southeast quarter of the southeast quarter of sectio n thirty—three (33), also the south seventy acres of the south half of the southwes t quarter of section twenty—nine (29), also the south fifty acres of the south half o f the southeast quarter of Section twenty—nine (29), Township three South, Range thirty — nine, (39), E .W .M ., for which said lands rights for irrigation purposes to the waters of Catherine Creek have been claimed and proofs of claim are now on file with Superin- tendent of Water Division No . 2 of the State of Oregon, to which reference is hereb y made for all the information contained GRANDE RONDE RIVER — Consolidated 3 . 3 EXHIBIT PAGE OF therein, and by such reference said claims are made a part hereof, an d "Whereas, said lands last above described were not a part no r was said Townley a party to the litigation hereinafter mentioned wherei n Amalgamated Sugar Company was complainant and Frank Hempe, et al ., who ar e contestants herein were defendants, which suit has been and now is pending fo r final decree in the District Court of the United States for the District o f Oregon, and "Whereas, the said W . J . Townley is also the owner of the follow- ing described lands : "All that part of Section Thirty—four (34) Township three South , Range thirty—nine(39) E .W .M ., lying west of Catherine Creek, (by Catherine Creek we include what is known as and called Nodine Cutoff, the same now carrying all the waters and in the principal channel of Catherine Creek) ; also the east half of the southeast quarter, the northwest quarter of the southeast quarter o f Section thirty—three (33), Township and Range aforesaid ; also the southeas t quarter of Section twenty—eight (28) ; and also that part of the southwest quarte r of Section twenty—seven, township three (3) South, Range thirty—nine, E .W .M . , lying west of Catherine Creek, and which said lands last above described are land s to which said Townley has succeeded to the title thereto from the Amalgamate d Sugar Company, a predecessor in interest and claims for the irrigation of whic h from the waters of Catherine Creek by said Townley have been made and are now o n file with the Superintendent of Water Division No . 2, of the State of Oregon , to which proofs of claim reference is made for all of the information therei n contained, and by such reference said claims are hereby made a part hereof, an d "Whereas, generally speaking, the claims to water by the said Benso n Brothers, Townley, Myrtle McMaugh,Logan and Earl McMaugh, have indicated a date of priority for the use of said waters, antedating those of the contestants herein , and by reason thereof, these contests as above described and entitled have bee n initiated, and "Whereas, the parties to said contests, both contestant and contestees , are desirous of mutually settling, determining and having such settlement an d determination approved and entered of record of all the matters in dispute betwee n them of and concerning the use of the waters of Catherine Creek , "NOW THEREFORE, in consideration of the mutual agreements and de — pendent promises of each other and for the promises aforesaid, the parties hereto , their respective attorneys, and their successors, heirs and assigns do hereby agre e GRANDE RONDE RIVER — Consolidated 4 .
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