Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1902-03-01

tempt was made to divert any of the +
waters of Reese River for the pur
pose of irrigation until 1869, when the
ditch marked on respondents map by |
the figures /, 2 and 3, taken from the
so-called West Fork above the lands |
now held by Ryan and Maestretti, |
was commenced. This ditch was not |
completed until many years after its
commencement, and it appears from |
the evidence that no water has run
through a part of this ditch since
1891.
AS to the Walsh lands it appears
from the testimony OF the respond
ent, Walsh, that no diversions we're
either made or attempted until 1870,
and that the diversions made for the
I purposes of irrigating his lands COW
er the period from 1870 to 1884. 1t
is shown by his testimony that he
helped make the ditch marked "E to
F'' on respondents map, in 1870; the
ditch marked "J to X on the same
map, it appears was commenced and
made about the same time; the ditch
marked on the same map 81 to NJ
was commenced in 1874 or 1875 and
the ditch marked &c to H" was made
in 1884, and according to his state
ment the last named ditch was made
principally for the purpose Of drain
age and used afterwards for the pur-
pose of drainage and irrigation. 1t
nowhere appears in the testimony
what the size of any one of these
bitches was, or what is or was the
carrying capacity of any one
AS to diversions of water for the
purpose Of irrigating the Ryan and
Maestretti land other than the at
tempted diversion by the ditch mark
ed l, 2 and 3, above referred to, it
appears that a dam at a point mark
ed "7' on the map was constructed
: in 1869, and a ditch taken from the
dam to point marked So thereafter.
It also appears that some dams were
also placed in what is called the Sam
pson slough, running through these
| lands. 1t also appears that in the
seventies that one part of the ditch
made to mark the boundary Of the
west line Of the Ryan place was used
to irrigate part Of the land. The facts
r regarding the first diversion Of water
' for the purpose Of irrigating the Ma
| estretti land formerly held by Birch
r am and Wallace is of the most nea-
gre character. 1t appears that s. B.
Wallace, the former owner of this
| II at, uittt It rlitt I)il tSi4ll Itt.t ttA
!. vided their holdings in 1869 cOnstrUc
= ted two dams and turned water onto
. his meadow land. but 1t is uncertain
whether this water had lis source
y in the river or in certain springs.
d The date of the first diversion up
n on the Bircham land is left by Tho
d evidence to be cCnjectured. SomC
q time between 1858 and 1869. it ap
| Io4 oil i,
g the so,called West Fork of Reese Riv
d er above the Bircham house Whe
q ther the diversion so made was con
J. tinued or abandoned is a matter alsC
r Of doubt, as it appeals from the tes
d timony Of the witness Campbell, tha
n for q period of twenty years or more
e before the trial Of this action waite
r to irrigate The Bircham land was di
n verted by dam in the river about /.
o miles above the Bircham ranch.
j. is not necessary to fully state tht
facts as to the diversions made b,
l. the various appellants, hut only suci
e facts as illustrate the questions dis
s, cussed and decided need be stated.
4. The appellant Daniel T. Wallace
IS purchaser the so-called McQuitt!
a place above respondents lands i
d 1870, and by means Of dams and dit
ches diverted water for irrigation
20 Whether these dams and bitches ha
- been made and so used before hi
20 purchase Of the land is uncertain. I
1873 Wallace located another ranc
nf higher up on the river and started t
~ ~ construct a ditch for the purpose c
- irrigating this ranch. In 1877 he tra1
n sferred his diversion Of water unde
~. - the advice of counsel, from the M
| n, 81 - 1J,
~ appears that the amount OF water u
20 ed on the McQuitty ranch would irr
y, gate much more land upon the uppe
~ ranch.
fl Fred Ahlers, whose administratc
no is one of the appellants settled u
nd on Reese River in 1864, and cor
in menced farming that year. He MAD
II diversions of the water of the rive
ds for the purpose Of irrigation, but tt
40 dates of such diversions and the
he mounts Of water so diverted are n
on shown by the testimony The arpt
iy lants, Charles Ahlers and Hess clai
ITS rights through Fred Ahlers, decease
he Mcmahon started farming on Rec
he River in 1854, and that year put u
ar der cultivation eight acres, but Il
he dates and amounts of diversions ma
in by him are not shown by the tes
en- mOny.
nd The above facts are sufficient,
of above stated, to illustrate the que
on toin considered and determined
er this court, and furnish a sufIicie
the basis for it's conclusion. 1t is W
The to note here that the record does I
by disclose the quantity Of water dive
Id ed at any time by any means, by a
lar one or all of the parties to this
~ ton, neither does it show the quar-
1ad ~ sufficient or necessary to irrigf
40 the lands or any part of the lands
on respondents as found by the cou
arc Neither is there any showing in
~ record from which these facts or a
oor one Of these facts, could be asc
ors tanned by any known process.
Wild Counsel under the many ASST
me ments made have discussed in tn
for briefs nearly the entire subject II
and ter of the law of irrigation prevails
um in the arid and semi-arid states,