ON PETITIONS FOR REHEARING
Upon respondent-cross-petitioner’s petition for rehearing filed June 20, 1975, and petitioner’s petition for rehearing filed July 3, 1975.
Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Peter S. Herman, Senior Counsel, Salem, for the respondent-cross-petitioner.
Bobert Mix, Corvallis, for the petitioner.
Petitions eor rehearing denied; original opinion CLARIFIED.
Tongue, J., did not participate in this decision. *551HOWELL, J.In our original opinion we emphasized that we accepted the defendant’s petition for review of the decision of the Court of Appeals on the sole issue of the length of Fischer Cut as it existed at the time of the 1909 flood. We held that the length of Fischer Cut as it existed in 1909 was best represented by the channel from Point A to Point B as shown on the 1890 map and remanded the cause with directions to the trial court to correlate Points A and B with the present topography of the area and to modify or adjust any damages accordingly.
Both parties have filed petitions for rehearing. The defendant’s petition raises no new matter and is denied. The petition of the plaintiff, the State of Oregon, expresses concern that our opinion could be interpreted to include as an award to defendant a portion of the riverbed in Parcel 3 which the plaintiff leased to the defendant in 1963 and which defendant has admitted in its pleadings that it had no ownership therein.①
To prevent any misunderstanding, our former opinion is clarified to the following extent: if correlating Points A and B of Fischer Cut results in any portion of that length falling within a portion of the riverbed to which the defendant has disclaimed ownership, then the ownership of plaintiff remains unaffected.
Both petitions for rehearing are denied.
The plaintiff leased to defendant “That portion of the bed of the Willamette River owned and controlled by the State of Oregon beginning at its confluence with East River (East Channel of the Willamette River) and extending downstream 4,000 feet, all in Section 2, Township 12 South, Range 5 West, Willamette Meridian.” (Emphasis supplied)
The defendant’s amended answer alleged: “Defendant is the owner in fee simple of the property described in defendant’s amended complaint, except that defendant does not own that portion leased by plaintiff to defendant * * (Emphasis supplied)