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

ing the same, ana IOr watering stock and
for domestic purposes, $4,000 inches OF the
flow measured under a four inch pres
sure, of the Humboldt river. That he
mad owned and Possessed the said land
and the right to use said water during
seven years time and more last past and
at the time of commencement Of said act
ION oWhed and possessed the land and
the right to use said water for the said
purposes, and that the use of said water
Tor the purpose during said times had
been necessary, and was at the COM
inencement of said action necessary, and
must continue thereafter to be necessary.
lor the INST, profitable. or remunerative
enjoyment, use or cultivation of said
lands. That the respondent and his
grantors during all of said twentv-six
years and more, under a bOna-tide claim
OF right so to do by prior approximation
did use for irrigation purposes and for ir-
rlgatlng said lands and for Watering
STOCK, and for domestic purposes. all of
sand portion Of said stream adversely to
all persons, peaceably and without LET or
hlndrance whatever. EXCEPT that since
the month Of March last past, the defend
ants have interrupted the respondents
use thereof; that on the first day of Aprj,.
1889, and since that time. the defendants
nave diverted the water from the stream
without the consent of plaintiff. and have
maintained and did Al the time OF the
commencement of the action maintain
III said stream and its tributaries. dams
n MI nlSt 90, ~. - IL, ~
thereby dlVerting the water away from
the dams. bitches and appliances of the
respondent, whereby the land of the re
spondent bad been irrigated 50 that the
water WAS entirely lost 10 the plaintiff
and thereby interferred with the c0mfor
table enjoyment and free use by the
plalntltf of his said property; that the de
PENDANTS threaten and intend to maintain
said Instructions in said stream. and to
continue to divert said water and prevent
plaintltf from using the same. The
prayer was that said nuisance be abated.
and the defendants be enjOined from di-
Nerting said waters away from the plain
tiff.
Oh the I'd day of December, 1859, the APP
pellant Grayson by answer filed in said
action, specifically denied the averlnants
O the complaint, and by way Of affirma-
tive matter alleged that he was the owner
in possession and entitled to h possess
of about 10000 acres of land situate
the Humboldt River in Eureka
County. and that he and his grantors had
been owners in possession and entitled
to the possession and engaged IL the cul-
~tivation and had enjoyed the use and
benefit of said land since 1873: that sai1
land was agricultural and grazing and
adapted to the cultivation ofcropS of grain,
vegetables and grass when irrigated. but
without irrigation is of little value: thai
said land was riparian land. that the
Humboldt River flows through same
IN its natural channel, and dur
ing the months of March. April,
May, June and July of each year
o~verhows its banks and spreads over
and naturally mOistenS and irrigateS
about 1000 acres thereof, and produces
Of natural grass thereon. That as
the owner of riparian lands he was en-
titled to The rights and benefits Of a ripar-
proprietor: to make a reasonable use
of the water of said river lowing through
his land, to obstruct the same bv dams
put into the river. to change or enlarge
or diminish the channel upon his lands,
and to use and consume a reasonable
portion of the waters of said river flow
ing through his lands for Watering stock
and for domestic purposes and for the
irrigation of crops of grain. vegetables
and grass. and as such riparian was en-
titled TO preserve the channel of the
river in its ancient and natural state. He
further aVerr6d that in April. lN77. his
g%rautor appropriated for stock and do
inestic and irrigating purposes 200
inches of the waters OF said river. meas
ured as the same flows in his ditch upon
a grade of l-l6 inches to the rod. and ever
since said date he and his gramtora have
been the owners and he i now the owner
and entitled to have and use for stock,
domestic and ~irrigating purposes POO
inches of the water of the river
measured as aforesaid. by right of
appropriation and necessity.
That in June. 1883. defendants
grant0r appropriated for the same pur-
pose 2,5g2 inches of the water of said
measured Is above set out, for the
purpose and upol like necessity
and hN right of prior appropriation.
Tina; in April. 1894, the defendants
appropriated for the same pur-
poses and under like necessity, 6,0tS
inches; that in November, 1874, defend
ants grautor in like name and for like
purposes and under similar necessities
appropriated S,6l0 inches of the waters Of
said river; that for more than five con
s%ecutive years preceding the commence
Inent IF this action the sand ciray>On and
his grantors had appropriated and di-
Verted and used for like rpo 24.4S0
inches OF the waters of said river meas
lTed in like III that such div ersiOn
appropriations and use were under a
:laim of right, were open and notorious,
peaceable, uninterrupted and continuous,
We're adv erse 10 the plaintiff and to his
right and to all the world. That