Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-03-03

ti,,, M. .,-.inur .,,.-.,, ,r,,nriafppE or Il
,tIor ,or.,ny tl. ,,i,r;t,- + ,ioLts of
,,r;,,'. .l.;,, amt. f., ,t. ,., ,h.r.ofto he
I~o,or,i..J ~, tho ,,in,i,v of time i'm /
u,.kiun 4,n vIy,o.- rrr,nri,tinus {
T,,n.y. >l.u- ~ y.., -
Ran. A. Al A Si.,4usnn. 20
Nay 1854
If viii liza >o., tLnr.r,r. shat under
:.l. ,..l. ..,t-.r i,.~ .-n,...l l,.+riup of
r,,..-,.. ,.,,t f.. ,,..,-.it- iI,. ;L. diver
r..... 49, ;..~, ;.. ,-1,,,- and
.....r.. .... -..- ,,r.,.. .tv diminish
t.tt.. 3.....' r-.-.. .....-t. a lower
rir.,. III. ..-.... a.. matter OF
.rr.h -~..-trr.st .f.>.. ..n v,icrnov
N.4.a.r ....-aI aIu.nyE.n. declared
.s.i.4.. .iad e...i .. ..a..l ,f en-
....p. '#..r.H. ...w. ....nt-4 4y t.et
..... ..I.5-. ...r.,. 4.z.fa. dit
. p. ..... .t.~. g. ,u...
F. n..-.tHr#. &H t,-t.- . ..i ,,a.t.~~-.
.n:DDt:n IH. u-a:~ .~nt tha t~. ui.
W..-r for ..H.i4a na;4,o~.,. .AG .u..oN-
.y..t~iu. .r ...4 l5.lu~. has to RI .,r,
.,>tj r.t ... ,.a.r-.t5 tl, rights ul ,.c
l|"l...a> ,.. l,.,-tp .btr or to ivlu ta"i
,u.- .-.,j.. nal,s ;o Iuc.T existed under
I ttit .-S#N' . HA.|#h VI z lf l2lflFlttl FLtttIjt-I
tors. Wc,'t ,nt mean to say, OF iut,IIj
that il shall conferred, that the diver
, sion Of water 10y d1uHs and instructions
, in Il stream under the rule governing and
regulating the use Of water 10y applupria-
, ton as adopted in this State, coull not, in
= 4 proper case. be declared a nuisance and
f abated or enioined; bu where as in this
T. case, it is shown by the pleadings and es-
tabliShed by the evidence, that thousands
Of inches of water usually flowing in lid
= stream in excess of any claim of right Of
f respondent thereto. a BONA tidc claim of
p, right to a part of which had been made
n by appellants in manner and form as re
G qulred. and such right had been exercised
V and enjoyed by them peaceably and free
a ly for a great number of years prior to
d any alleged invasion of respondents
g rights, and the diversion alleged is shown
It to have been made in great part at least
by other persons by means of dams and
obstructions in said streams without any
q showing whatever by the evidence that
# thew had or claimed any right to make
8 such diversion, it WAS clearly error TO
/ conclude and decide that the dams of APP
pb1ldIllS were HIlSdllteS even tIltlISil Vie
respondent was injured thereby. The
V appellants were exercising a lawful right
in a lawful manner and applying the
" rule referred to in Thurston vs.. Han
as cock, Supra. and LaSala vs.. HoIbroDk,
"a Supra.t to the effect that that every person
m has the right to the reasonable enjoyment
of his own property and so long as the
use to which he devOtes it violates NJ
right of another, however much damage
another may sustain thcrpfr0m. his use i:
lawful. In other words, the only reason
lie able enjoyment or use to which the APP
No. pellant's dams conld he devoted or pu
was for those purposes for which the,
~. were constructed and had been so Ion,
of used, and were then being used and en-
oil loved, aud such use and reasonable en-
iovlnent were lawful and did not unde
the law constitute the same a nvi-anc,
To put the mattcrin aunl!crt ran: notAth
in respondent and appellants n:itqual RICH
No under the law and the uud;4pptnd ftc,
he to acquire rights to the use of waters f.
in the same purposes and i, IT, ~t:lc maI
,ro nnr. Each did ACQUIRE RIGHTS t. thp II.
r,l Of the water. Concedr thu The r~p,n
emf h7d y prior right to 1904 l,rhs,
the waters If the stream, w"ultj tive *
to else by the appellants If heir rig.
in to a part of the waters whereof
the a part of the l4.NN inches W.
,ed diverted from respond mt. t~i"ro,y dan
OF aging HIM, be an nnr+lSon'hle eng =
tnent of th"ir properly and would TIL
ian court as ii matter of law be authorized
NO declare the appellants dams nuisance
asst by reason of such acts? If it had sue
Ia authority. then it could de ,lare the pro
ertv a nuisance because it was used in
f a lawful manner and in the Oh y way
ter which it could be used or emf 'yed by
,in- owner.
1t is therefore clearly manifest und
the rule of our law that the maintenan
the of dams or other instructions for Il
ion purpose of diverting waters to be us