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Show 616 OTHER WATERS AT THE SURFACE Oregon Definition of spring.-The Oregon Supreme Court has said, "A spring, for the purposes of this discussion, may be defined as a place where water issues naturally from the surface of the earth."265 Conveyance of title.-Deeds purporting to convey rights to use spring waters located on one's land and not flowing naturally therefrom have been held valid, the deed constituting a severance of the water from the land.266 Agreements for the use of spring water were involved in some cases.267 In at least two decisions, the conditions of a revocable license were explained;268 others explained the conditions for creation of an easement.269 Statutes.-Public ownership of waters: "All water within the State from all sources of water supply belongs to the public."270 Right of appropriation:271 Subject to existing rights, and except as otherwise provided in ORS chapter 538, all waters within the state may be appropriated for beneficial use, as provided in the Water Rights Act and not otherwise; but nothing contained in the Water Rights Act shall be so construed as to take away or impair the vested right of any person to any water or to the use of water. Waste, spring, and seepage waters:272 All ditches now or hereafter constructed, for the purpose of utilizing waste, spring, or seepage waters, shall be governed by the same laws relating to priority of rights as those ditches constructed for the purpose of utilizing the waters of running streams; provided, that the person upon whose lands the seepage or spring waters first arise, shall have the right to the use of such waters. Spring not flowing from land on which located. -The first reported decision of the Oregon Supreme Court on rights to use water was to the effect that the 26SBeisell v. Wood, 182 Oreg. 66, 71, 185 Pac. (2d) 570 (1947). 266Messinger v. Woodcock, 159 Oreg. 435,436,444-445, 80 Pac. (2d) 895 (1938); Beisell v. Wood, 182 Oreg. 66, 71-73, 185 Pac. (2d) 570 (1947). Likewise, a deed to a portion of water from a spring fed by a definite natural stream. Hayes v. Adams, 109 Oreg. 51, 60-61, 218 Pac. 933 (1923). See Skinner v. Silver, 158 Oreg. 81, 96, 100, 75 Pac. (2d) 21 (1938). 267See, e.g., Klamath Dev. Co. v. Lewis, 136 Oreg. 445,450, 299 Pac. 705 (1931). 268David v. Brokaw, 121 Oreg. 591, 596-601, 256 Pac. 186 (1927); Shepard v. Purvine, 196 Oreg. 348, 248 Pac. (2d) 352 (1952). 269Dressler v. Isaacs, 217 Oreg. 586, 343 Pac. (2d) 714 (1959), attempted appeal dismissed, 236 Oreg. 269, 387 Pac. (2d) 364 (1963); Luckey v. Deatsman, 111 Oreg. 628, 343 Pac. (2d) 723 (1959); Fitzstephens v. Watson, 218 Oreg. 185, 344 Pac. (2d) 221 (1959). 270Oreg. Rev. Stat. § 537.110 (Supp. 1969). 271 Id. § 537.120. 212Id. § 537.800. |