Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-08-31
SUPPOSE A CASE.
An Interested Party Discusses the
Water Question.


DR.. Hogan, Of Reno, has an interesting
letter in the Reno Journal this week that
may be Of interest to our Mason Valley
ranchers, as the trouble they are having
about water rights is identical with that Of
some Of the Washoe ranchers. He says:
To make the case as simple as possible
will take two persons. In the Spring Of 1860
John Doe came to the Truckee Meadows, To-
Gated piece Of land and dug the first ditch
that ever took water from the Truckee. VIVA,
RICH, had John Doe to divert that water from
lis natural fow? The God given and undis
puted right Of every man to subsist himself
and family, and in our State water is nee
essity for subsistence. In 1862 Richard Doe
took up piece Of land above John Doe and
built ditch. Did John object? No; he
was glad to have him for a neighbor, and went
up the river TO show him where to take out
his ditch, and then instructed him how ~
use it in irrigation. What right had Rich
ard to the water7 Just the same God. given
right John had, and no other. There were
thousands Of inches Of water running to
waste, and neither ever expected to want for
it. They prospered for FIVE years, but on
the sixth neither Of them had any water For
this calamity has John any cause Of action
against Richard1 The absurdity Of the
question makes it unnecessary to answer it.
The seventh year there is just water enough
for one. Now, gentlemen, does Johns ditch
entitle him to the exclusive right to the
watera Richards right when he took out
the ditch was equal TO that Of John, and do
you hold that that furrow in the ground gives
John the right to ruin and starve Richard1
Would it not be more in accord with the
teachings Of justice to either divide the land
or water till more favorable season, or till
John and Richard could devise some means
to provide themselves with a never failing
supply1 Richards claim is the claim Of
every ditch owner now on the Truckee river,
against your preferred claims.
Admitting that Johns claim is good, for
himself, and that he has a perfect right in
law to starve Richard and hundsed others
if needs be, the next question want you to
answer is this: John Doe became immense.
ly rich, and in the year 1883 sold out his
posse ssions TO Pandy Coe, who came direct
from the boys Of Ireland one month before.
Did Johns furrow give Paddy the same right
to ruin Richard that John had, or did John
when he went back to live in New York take
with HIM his right to the use Of the waters
Of the Truckee?
The next question for your consideration is
this: At the present time believe there is
not ditch owner who would not be willing
to bond his ditch for any reasonable sum say,
five dollars per inch or more Of the water he
claims, to store what water will be needed
for all. Establish your priority Of rights,
and seriously doubt whether they will en-
ter so readily into the scheme Of storing
water, when they know that. should there
be a scarcity, what is your case now will be
theirs then.
What the law will do for you cannot pre-.
tend to say, but in my opinion the best course
to pursue is to make all bitches as one ditch,
and hereafter SO divide the water that each
ditch, in times Of scarcity. will get its just
proportion, and no more, to all the water in
the Truckee, which now can be easily meas
ured and proportioned, and your best course
to impel immediate and decided action is to
ask each ditch owner to visit your ranches,
and show them the ruin that is being worked
on you. Take them to your orchards, as one
Of your number who owns one Of the Oldest
ditch rights on the river did me yesterday,
where l saw one of the most promising orch
ards ever saw in Washoe perhaps forever
ruined. The leaves are sere and yellow, the
huit is shrivellnv up and dropping from the
branches, and the roots are so entirely with.
out moisture that the trees will certainly be
blightrd. and it may be die. Let US for the
present throw law to the dogs and all unite
in determined purpose to store water for
another Summer. Much may be done before
next July.
uAInn>as Ia .