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Show SPECIAL STATUTORY ADJUDICATION PROCEDURES 491 proofs, from which the applicant may take an appeal to the court for judicial determination.284 (3) Not rights among ditch owners. The Board of Control has no authority to determine, as between parties, ownership or rights to the use of a ditch.285 Oregon Statutory adjudication procedure. -In the water code of 1909, a special procedure was established for determining and adjudicating stream water rights.286 The first part of this procedure substantially follows that of Wyoming. However, under the Oregon system, the State Engineer's determina- tion is not final, but must be filed in court as the initiation of a judicial action and is subject to further affirmance or alteration by the court. The Wyoming system, on the contrary, contemplated adjudications by the State Board of Control which are final unless appealed to the courts. Upon the petition to the State Engineer by one or more water users of any stream requesting a determination of the relative rights of the various claimants to the waters of that stream, the State Engineer shall undertake an investigation of the stream system if in his opinion the circumstances justify it.287 Notice of the pending investigation is given by means of newspaper publication with instructions to all claimants to file a notification of intention to file a claim and to state, among other things, whether the right "to be claimed" is described in a permit or water right certificate issued by the State Engineer under the appropriation statutes.288 A notice containing similar instructions is also sent, by registered mail, to each owner or person in possession of land bordering on and having access to the stream or its tributaries, insofar as they can be reasonably ascertained.289 The State Engineer or his representative then proceeds to make an examination of the stream and the works diverting water therefrom used in connection with water rights issued prior to February 24, 1909, for which a notification of intention to file a claim was filed. The State Engineer measures the discharge of the stream, the capacity of the various diversion and distribution works, and the lands irrigated from these works and gathers such other data and information as may be essential to the proper understanding of the relative rights of interested parties. The State Engineer then prepares a map or plat indicating, in part, each diversion point and the location of the lands being irrigated.290 284State ex rel. Mitchell In. Dist. v.Parshall, 22 Wyo. 318, 329-330, 140 Pac. 830 (1914). M5Bamforth v. Ihmsen, 28 Wyo. 282, 317-318, 204 Pac. 345 (1922); Collett v. Morgan, 21 Wyo. 117, 122-123, 128 Pac. 626 (1912), 129 Pac. 433 (1913); Hamp v. State, 19 Wyo. 377,406-407, 118 Pac. 653 (1911). 286Oreg. Laws 1909, ch. 216, § § 11-35. 287Oreg. Rev. Stat. § 539.020 (Supp. 1955). 2iSId. § 539.030(1). 289Id. § 539.030(2). ¦290/tf. § 539.120. |