Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-06-23


OF said ditch, thereby drving .,,;
available for hay and or.zi,,, ,h,,
10 Ihe SAID channel, and for the
|. LUZ 'i'er purpose of irrigatiny the lands o,
.iie parlies constructing said ditch. This
, ui'ch was constructed upon grounds
, "'Ener 'han those through which the ~
, ''' c'i"'i"el passed. The action Of ,
""'t' owing through this ditch had
gradually deepened and widened tho
>"'iie from The point where it cOnnectad
WIN ,he creek to and partially across tho
"i'peiiahts land. This ditch for A consid. .
'i"oie Instance above Huffaker's Creek is
ehaiio" and narrow. Since the watars of
Steamboat Creek were turned into th;s
ditch i'll 1860 the old channal hos f11a5
Win Sediment and become nearly ob1;+
"'e"' Inc appellant and her immedi
"'e siatltor, for whom the appellant was
| "Sei'' had constructed and maintained
u'"iS Ill thIs ditch above appallant,s
| i"hus' thereby retarding the flow and
! holdlhg back the waters so that tho S,,,,o
oFerhoWed the banks thereof, spread ova,
| 9"'o iahns' and irrigated the same Tbesa
| uailiS caused sediment to ,e1tlo in tho
4i'''i ana MI thH same. and in 1905 rho ~,
/
| pellant caused 10 be constructed ,,,>n,, ~
own land in sid ditch dam for this ,,n
pose she also c:t;sei bitches 10 no ,o,,
c'i "'teo al right angles with the channel
'''' 'ii'S '''lh' ana caused bulk heads TO !
ne p''' IN each. These bitches have Lose |
iai' IMAM the channel which WAS obst,uo+ |
e'' "hd We're not sufficient in size tc ,,r,.,.
lhe water IN times of high water a,,I
'uerehV caused the channels both I,o1,,.,
ana above to fill up witt! se,Iimo,t i,
consequence whereof the water ovar-
ii""el appellants land. The wators Of
''"a' 'reek being iMSutlirjent to IT,
li@a'f the lands thereon duri,t,, sa,u,,,,.. -
scarcity, 1t VAS detcrmined l,v +hn t,,..,,
ers residing thereon to bahia ..d.,,,,a..I
""''2t OF Nashoe Lake for the nur,,o.,,,f
'''e waters therein during the
'''' sprung months, AMI at times
""C' there was more water than VA.
',''''e" i"F irrigation. IN nu:suauca Of
''"S purpose notice was posted Iya nor
i'h "l the farmers claimin2 tha .urnI,,,
water " ''oieIla Creek, an! an n,.a,,,a,,+ ,
OF dllch to conduct the same inf, r;,,Io ,
y "NH"e Lake, and the right to construct
,I"' n'n'taln a dam at the outlet of Iit,Ia ,
W 'Nf"e Lake, for the purpose of s,,,.;,,,r ,
t,t waters therein. The r.,noDao,+
v lA'RFS owned the land whore rho d,,. !;
49, '''I' ant The land on the border t
.-'A'' winch would he Hooded hv :
""'''H ~ the dam, and he obiertnd :
~ '"7 construction Of the dam unless mn i
~ -. "'''"i'"n and subject to his contraI =
'''>' conditions We're accepted b,- tbo +.
''l''ierS ahG were confirmed in \ writton "a
'SIe@iheht between the parties ,yLo,,,
v '''tefs granted to the farmers tho ,ic,,,+ ,
. make dam of solid masonry ,,.rl,,, =
nc Quiet OF Washoe Lake OF .r.h IL >,
o'''''''S III helght as the farmers ,,,,- o.,
ei' ~ oPer Tor the purposes of tiowiDr II
"'oi pack upon said lake for stor.ro ".
ulposeS- He also granted the riobt - %
hdke ana construct a ditch over b;s l,,.l -,
u the purpose of carrying the u,,o,.e,
rom Galena Creek into said
''i use III irrigation. 1t was tur- 40
prov lueo that the dam should no, or
use me waters above the level of tho ~,
'N' at high water mark. 1t WAS also f,,,
'el provided that Winters shouId b.,.o H.,
'e absolute control over the Aood-o.,.os o;.
III wafer ways at all times, and a1.o',,,, o.,
vi over the fiood9ates and waste ,,.a,.s -,
'"'' "aht AT any time after the first of IN,
''' e"r' year This agreement was ms
"ue on the 18th day of Nav. 1880 ~, r.,
ON DAY of September, 1889 tho f,r ,
ers locating and claiming tho rirh+ . e.
instruct the dam and Gjtches abo,.o 49,
ond.nt W;.. e'' 'helr rights to the re- iud
'' " "'htef>' which conveyan,e mo
tod |
. ie'"Foed. On the same date at +
''' Vt me farmers locating and clain,- nos
; ''e ,ishls above referred to, m ade and oitt
81 arucies incorporating the resno,d lar,
y the !" aShoe Lake Reservoir and a.
"a 'i'ch Company. The PURPOSE Of "a +
incorporation as expressad :, +1o s
'iicaie thereof was to construct a don, hof,
ne outlet OF lower Washoe Jaka .,d ot u
construct and maintain a ditch o. J: -
,sboo 'id creek to lower Bef;
stoo, '''eie store the same i she
"o'"esllc' irrigation and me- the
io"' uses. Certain farmers ownip, nu,.
upon " ashoe and Steamboat CreeLs Wit,
ine promoters of this cornor,,ia,, sho
'"e appellant, acting as the aoe,t .; dom,
''nineolate grantor, was also ono of nav,
p'"i''o'efs OF the same. It also a.. ,.ia
fott tl,o |
ned of and t ''e INJURY COM purl
eto +b,. tiine previous dam
STOCK OF said corporation: that fou a.
in, .1..4o ''''is as agent for part
d in tho 'he h'td partici- the
and had c,,,.,E vi SAID corpora duri,
H"' c'hiih'"i the benefit. t'iaraof ! ,.S
"i'''''s that she had ;,uuu ledge of Win,
a. reef'ent between Winters and tho boon
1889 tho oor, ccol
' tue corporation constructed tbe tars
'' ,ne outlet Of little Washoe Lake f,ot
ed tho r;oh, - poiatioh has e1- facts