OAG 40-93.

• Case Date: October 24, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-93. 103OPINION NO. 40-93[20 Or. Op. Atty. Gen. 103]State game commission may obtain permit to appropriate water from Crystal Springs, a tributary of Johnson creek, for use in experimental studies in fish.October 24, 1940.Mr. Charles E. Stricklin,State Engineer. Dear Sir: Under date of October 23, 1940, you state that you are just in receipt of an application from the Oregon state game commission for a permit to appropriate 10 cubic feet per second of water from Crystal Springs creek, which is a tributary of Johnson creek, the use to which the water is to be applied being "experimental studies of fish". You request me to advise you whether or not you can properly issue a permit approving such application. Section 47-1608, Oregon Code 1935 Supplement, provides:

"It hereby is provided that the waters of Johnson

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