The Courier. (Genoa, Nev.) 1899-1904, 1903-06-05
ANDERSON EFT AIS VS.. BASS
MAN EFT AIS.
Interesting Historical Matter Con-
densed Into a Small Compass.
[ Continued from, first page.

Continued from first page.
and trade, when an emigrant would go
on the land and the squatter would
get aboard of the migrants team and
drive off, Plaintiffs in every instance
have connected their titles with such
trade, where they are not original To-
Gators or have not proper deeds of
conveyance from original locators.
The Bassman, Bruins and Fl. Nedden-
riep ranches at Fredericksburg are old
ranches, dating before the sixties, but
were then irrigated by waters from
Frevert Creek, which rises in the
mountains west of the ranches. The
fredericksburg ditch, from point 10,
was dug in the fall of 1863 by plaintiffs
for lands of some of the plaintiffs, and
the next year, in 1864, the branch of
that ditch beginning at 19a was dug,
for the Bassman and Bruins ranches,
and the ditch was much enlarged, but
that was the first year any water from
the West Fork was used for irrigation
on those ranches. H. Neddenriep used
it a year later. For several years be-
fore said date-1S64- plaintiffs liv-
ing north of the lands marked Dress
Ter, on the river bottoms, and on the
sloughs, and on the lands marked
Barber estate, Singleton and the Parks,
and Cook had been irrigating their
ranches from the West Fork of the
Carson river and the Brockliss slough,
main branch of that river, taking
and using by far more water than the
river contains during the summer
months of the irrigating season now
a-days.
The dates of the building of plain
tiffs' bitches, and of their dams, and
what land they irrigated, and when, is
nowhere disputed. But strenuous
contest is raised over the dates of the
two Snowshoe Thompson bitches, the
Vallem ditch, and Dudley & Ellis, and
about the abandonment of the Millich
and Gallinar ditch, belonging to de-
PENDANTS.
Defendants in Diamond Valley turn
the water into their bitches early in
the spring and turn it out late in the
fall, and run them as full as they can
do so with safety to their bitches. The
bitches are as low as the bed of the
river, except the Millieh and Galaner
ditch, and when the water falls in the
river they raise their dams and throw
more water in. The dams are built of
rocks piled loosely, and are easily re-
paired or opened. If the water is very
low, they tighten the dams with brush,
straw and manure, and so contaminate
the water and befoul it that by the
time it reaches the plaintiffs it is unfit
to drink, and is very hurtful to stock.
The water diverted through the Dia-
mond Valley bitches never returns to
the plaintiffs, or to the West Fork, and
the water which is not diverted to the
place marked Reservoir" on plaintiffs
map, Exhibit No. a." goes on to the
East Fork of the Carson river, about
nine miles distant from point of diver
sion, and flows on down the Fast Fork
to point about one and half miles
below any of the plaintiffs, where the
two forks join and mingle their waters
and below that point the river is known
as the Carson river. The three rivers
thus form large "Y,' the plaintiffs
lands lying II miles above the
junction, most of plaintiffs lands lying
west of the right branch of the "Y, "
looking south, and the Diamond and
Long Valley being at the top between
the branches of the "Y," and the East
Fork ranches mot concerned in this
suit, lying on both sides of the left
branch of the "Y."
The defendants bitches leading to
Diamond Valley are very wasteful.
They are excavated in rotten granite
and sandy soil. A canal could be ex-
cavated that could comfortably carry
all the water necessary for Diamond
and Long Valleys, and save much
water, and it would be cheaper to
maintain. They dug those bitches by
their own labor and without funds,
and they could as well build such a
canal.
The waste water from the irrigation
in Diamond Valley and part of Dutch
Valley could be returned to the West
Fork from point in Dutch Valley, 80
that the same would reach the West
Fork at point above the State line,
by digging ditch less than mile in
length at small cost, but none of said
waters ever return to said river.
The Reservoir, SO marked on the
map, is distant about nine miles from
the point of diversion, and the water
taken from said reservoir is entirely
used on lands not belonging to plain
tiffs, but belonging to defendant Dress
Ter. If said water could possibly reach