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In the Matter of the Determination of the Relative Rights to the Waters of the Rogue River and Its Tributaries : Decree

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In the Matter of the Determination of the Relative Rights to the Waters of the Rogue River and Its Tributaries : Decree I--- I - 1 I __-_._____ ------- - --------- __ -,---_ I -, E & 641, ' IC~ -t Sam 9IMZ ' byV1 'I ~1LII IN THE CIRCUIT COURT OF THE ters of said stream are involved in and corporations shall be, and hereby is, for- STATE OF OREGON FOR to 'be determined by, separate adjudica- ever ]barred and estopped from hereafter JACKSON COUNTY. tion and determination proceedings now asserting any rights heretofore acquired pending in this court; and are expressly upon said Rogue River or any of its trib- excluded from consideration, adjudication utaries embraced within these proceedings, IN THE MATTER OF THE DETERMI- or determination in this decree, in so far and shall be held, and hereby is declared, NATION OF THE RELATIVE RIGHTS as said relatiye rights of said claimants to have forfeited all rights to use of the OF THE VARIOUS CLAIMANTS TO to said waters are concerned; and the said waters herein involved, if any he had prior THE WATERS OF ROGUE RIVER relative rights of said claimants shall be hereto, theretofore claimed by him; the AND ITS TRIBUTARIES, ABOVE THE adjudicated and determined in said ad- persons, firms and corporations so being in MOUTH OF THE ILLINOIS RIVER, IN judication proceedings to which they were default herein being as follows, to-wit: JACKSON, JOSEPHINE AND CURRY originally parties, as between themselves, W. C. Armstrong, 0. A. Adams, Wm. Ax- CGCJNTIES. by a decree cn be entered therein; that tell, M'arie V. Arnold, J. W. Adams, Ash- in respect to the rights of each and every land Com. Orchard Co., W. M. Abbott, V. FINAL DECREE claimant whose rights are adjudicated in A. Abbott, Emma C. Ament, E. M. Austin, this decree to the waters of Rogue River Now, at this time Martin Angel, Melvin Andrew, Bert An- the above entitled or its tributaries, in so far as such rights matter coming on for derson, William A. Aitken, W. B. Ayer, hearing upon the are relative to, or affect the said waters of Findings Susie L. Allen, A. H. J. August, Al. Alford, of Fact and Order of Determina- Little Butte Creek and its tributaries, and tion of the State Water Board herein, in- S. S. Abbott, C. W. Ament, Geo. Acree, S. the several claims or rights thereto, this de- K. Adams, Stephen Abell, E. W. Adams, cluding supplemental findings of the said cree is intended to and shall be a final Board on file herein, L. D. Auger, American Gold Fields Co. and the exceptions adjudication and determination, with re- to said original findings J. R. Benefild, George Baldwin, R: H. and supplemental spect to each and every of the rights here- findings, and Bacon, Robert Bagley, Alice Bacon, Ralph the Court having heretofore in and hereby adjudicated, as to priority made findings of fact and conclusions of Bacon, R. J. Barter, J. R. Bailey, W. H. and extent of such right hereby deter- Bostwick, S. L. Benson, Jas. Bailey, Elihu law herein in certain particulars, modify- mined. ing the said Findings of the said Board, Baumgardner, Wm. J. Beardsley, Bank of 3. and in other respects confirming the same, Ashland, I. Best, A. Bartlett, V. E. Beno, R. S. Barker, Charles Berglund, S. R. Bald- and the Court having filed its said Find- That irrigation is necessary and essen- win, C. C. Beekman, S. K. Bannister, A. L. ings of Fact and Conclusions of Law in 'the tial for the profitable production of crops Bates, S. L. Burrow, Alice Buckholz, L. M. above entitled proceeding, and being fully upon the lands described in the statement Bull, Mrs. L. Bull, W. F. Byrne, F. E. advised in the premises. of rights herein; that the lands irrigated Bybee, W. E. Buchanan, Sarah M. Butts, NOW THEREFORE, Based upon the from the streams herein named in said Estelle D. Bosler, Mrs. Julia Bush, W. R. testimony and evidence and records in statement, and therein described, are sit- Byrum, John Brockley, D. H. Brown, Big the above entitled proceeding and Find- uated within the county indicated in each 4 Mining Co., J. O. Booth, 0. S. Blanch- ings of Fact and Conclusions of Law so case, and within water Division No. 1 of ard, H. C. Booziene, H. C. Bratton, H. H. made by the Court herein, it is now here- the State of Oregon, and the various diver- Basler, C. P. Briggs, J. Bishop, M. i). Bous- by CONSIDERED, ORDERED and DE- sions for said lands are made within said man, E. E. Blanchard, W. H. Brevoort, Jr., CREED, as follows, to-wit: water division and state. Wm. Breitmayer, R. A. Booth, 'C. E. Brace, 1. 4. Booth-Kelly Lumber Co., Benton Bowers, That Rogue River is a natural water John Blaess, H. E. Booth. coumse, and so far as said stream is in- That the following named persons, W. W.Canby, J. M. Casebeer, H. L. Ca- volved herein, is a non-navigable water firms, associations, and corporations, al- hill, Capital Gold Mining Co., Campbell course, flowing through Jackson, Jose- though duly and regularly notified as re- and Capewell, J. F. Campbell, J. L. Cal- phine and Curry Counties, Oregon; that quired by law of the commencement of vert, E. A. Cheetham, E. L. Churchill, Ma- this decree includes Rogue River and its these proceedings and although afforded linda T. Cameron, E. V. Carter, John Cam- tributaries named in the tabulated state- oportunity to present their respective eron Estate, J. W. Carpenter, City' of Cen- ment of rights hereinafter set forth and claims, and to be heard herein, have failed tral Point, John Cobleigh, Wim. Cable, J. does not include or affect, adjudicate or and neglected to appear in these proced- Frank Carson, B. F. Chapman, G. H. Chap- determine, any rights or claims to the ings, or to submit or offer any proof here- man, Albert Chamberlain, Ella R. Cheney, waters of the Illinois River, or any of its in of any right, title, interest, or claim L. B. Caster, W. N. Campbell, George- Car- tributary streams, _ which last-mentioned thereto, in or to the use of, or the waters, ter, C. F. Cardwell, T. W. Conway, W. R. waters and the relative rights of the sev- or flow of the waters of said Rogue River Coleman, Arthur Conklin, W. S. Contant, eral claimants thereto are hereby ex- or any tributary thereof involved in these Rogue River Mining & Developing Com- pressly excluded from consideration, de- proceedings; that the said 'persons, firms pany, Dennis Connor, E. M. Cockerline, termination or adjudication in these pro- and corporations hereinafter named being Chas. H. Combs, Leah M. Collins, Amos ceedings or by this decree, without preju- in default herein, as more fully appears Cobleigh, B. M. Clute, C. L. Clevenger, dice to or effect upon prior or subsequent from the findings of fact of the State Water Charles Crow, Frank Cleveland, W. S. Cro- adjudications or determinations of the rel- Board herein, are hereby declared to be well, R. P. Cornelius, Mary E. Curtis, G. ative rights to the said Illinois River or in default, and are not entitled to any M. Cougle, M. M. Crow, H. G. Crow, G. Ed. any tributary thereof. right, title, or interest in or to the waters Cowden, A. D. Coon, Fred N. Cummings, That each and every of the streams involved in these proceedings, nor any part E. L. Couchman, T. B. Cornell, J. H. Crax- named in said tabulated statement herein thereof, nor to any riparian rights, rights ton. is a natural, non-navigable water course, by appropriation or prescription or other- J. L. Demmer, J. H. Daly, Geo. L. Davis, and directly or indirectly tributary to said wise in respect to the diversion or use Benj. Dimmick, Chas. Dickinson, Trustee; Rogue River. of said waters or any thereof, or to appear H. Dean, Lillian H. Denison, F. G. Day, 2. herein and subsequently hereto assert any Estate; R. S. DeArmond, E. C. DeArmond, That Little Butte Creek in a natural non- right, claim to, or interest in, said waters, W. V. DeArmond, Lillie R. Davis, M. C. R. navigable water course, situate in Jackson or any of them, acquired, initiated or Day, H. W. Dikeman, R. H. Davis, J. S. County, Oregon, and tributary to Rogue owned by them at or prior to the time Dobyus, H. J, Dudley, W. I. Dowell, Geo. River within said county; that the relative of the commencement of these proceed- H. Durham, Denis Dugan, David L. Dodge, rights of the various claimants to the wa- ings; and each of said persons firms and J. B. Donnelly, L. 'H. Dodge, Erwin Dowdy, "Np poll', - I - I - 111-11-I- I_ - --------- 2 J. G. Dotson, Robert Dunlop, J. F. Dug- Wm. Mayfield, Emma B. Macy, T. D. Ma- Alice Spaulding, John ;Stanbough, W. D. gan, John Down, Julian Dora, Adm. of han, John Margreiter, W. A. Massie, A. B. Stewart,; Spaulding Logging Co., E. C. Stei- to law, in accordance with defining, Allison Every Estate; R. B. Dow, M. Dunn, Marquam, Richard Martin, Jr., T. H. Mans- ger, B. E. Spencer, C. M. Spring, W. D. estalishing and title and A. E. Druse. - field, Chas. Macy, Mason & Maxwell, by Steadman, Mrs. H. Standiffe, S. S. Stevens, right to the use the particular stream or R. J. Edwards, W. W. Erb, Estate, by W. S. Maxwell; John H. May, D. McFar- Frank M. Snooks, W. F. iStancliff, John embraced to which he is I Laura Erb; Walter Everton, C. H. Eisman, land, W. E. McBride, W. T. McCallister, bummers, F.
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