Daily capital journal. (Salem, Oregon) 1903-1919, 1917-07-14
NATURAL DRAINAGE
CANNOT Be STOPPED
Judge Bingham Decides Water
Dspute---Each Party
Pays Own Costs


Whether one man has the right to
make bitches and burrows on his land
so that surface water is drained Off
onto the land of another is a question
that has been up before Judge Bing
ham in case that arose in Linn
county, but which will interest Marion
farmers, and which he has decided in
the affirmative. y The case is that of
William and Minnie Schneider against
NJ. Keefe, and they objected to Mr..
Keefe blowing his land so that the
surface water drained onto their land.
They sought TO obtain an injunction
restraining him from constructing the
bitches.
The plaintiff own 20 acres in the
southwest portion Of Donation land
claim of Nimrod Pierce in Linn county
and the defendant owns All acres Of
land from the same claim. The land of
Keefe was higher than that Of Schneid-
er's and by reason of natural flow the
Surface water drained onto the lower
property.
For a number Of years prior to the
year 1915, Keefe plowed his land from
north to south, the water collecting in
the dead burrows being drained into
the ditch along the county road on the
south by opening under the fence.
| A depression in the surface Of the
soil commences about 760 feet east of
the defendants southwest Corner and
runs in westerly and northewesterly
direction crossing the boundary line
| Between plaintiffs land and that of
the defendant about $50 feet north OF
deendant 8 southwest corner- = On tho
deendant's land the watershed COM
nences about $50 feet east Of where
the depression crosses defendant 8
lands about 165 feet north Of the low
est point in the depression. On the
south the watershed line is about the
same distance of the center of the
depression.
Ploying the land from north to south
throwing a furrow next the fence,
caused a slight embandment to be
formed along the line, but this was
not so low but that at the lowest
point the water would over flow and
find its way westward over the
plaintiffs land, and finally find an
outlet to the west. At the lowest point
all outlet
listed until about the year 1915, at
which time it was filled up with rails
and the dirt embankment for short
distance was made higher, preventing
drainage to the westward over
plaintiffs lands, except after heavy
rainfalls, which acts of the plaintiff
precipitated this suit
In the year 1915 Keefe changed his
blowing from north to south to east
and west, making his drainage by
shallow, open bitches towards the low
est point in the dividing line. Schneid-
er then blocked the outlet and in
creased the embankment preventing
the water at low stages from draining
off. Keefe commenced an action at
law to recover damages and to have
the embankment abated as a nuisance.
Schneider then filed a cross bill in
equity TO have Keefe enjoined from,
constructing and maintaining a system
of bitches as dead furrows so as to
cause the surface water to be drained
down to his land.
1t has been the custom of both
Keefe and Schneider to plow without
fererence to this depression, and after
the lands are seeded to run a surface
furrow following nearly the center line
of the depression leading the flowage
westward, excepting when Keefe 3
lands were plowed from north to south,
when usually the water was led by
means of the dead furrows towards the
county road ditch.
The general slope is toward the west,
but it is apparent that during heavy
rainfall this depression, aided by fur
rows, is not sufficient to carry off the
accumulated water with any degree Of
rapidity, but only by slow process
of drainage.
Judge Bingham made an inspection
Of the lard and says that the fur
rows and small ditcAes constructed by
Keefe would not have the effect Of dis
charging the accumulated surface