Phillips v. Gardner
Oregon Court of Appeals
2 Or. App. 423, 469 P.2d 42 (1970)
- Written by Curtis Parvin, JD
Facts
Clayton Gardner (defendant), a watermaster in Oregon overseeing Yamhill County, determined that the domestic use of water by Glenn and Joy Phillips (plaintiffs), including the impounding of water for domestic use, was interfering with a downstream agricultural user who had a prior-in-time established water right. Therefore, Gardner intended to halt the Phillipses’ continued water appropriation. The Phillipses, citing an 1893 Oregon law, filed an action seeking to enjoin Gardner from cutting off their water access, claiming that domestic use had a priority over agricultural use. Gardner opposed the suit, contending that a comprehensive water-code revision in 1909 established a priority system based on a first-in-time, first-in-right approach. [Editor’s Note: Water-appropriation rights based on a first-in-in-time, first-in-right approach are generally referred to as prior-appropriation doctrine.] The trial court ruled in favor of the Phillipses, and Gardner appealed to the Oregon Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Schwab, C.J.)
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