Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1904-05-14
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CARSON, New, May IS, 1904,

nifty to write you in relation to the
proposed adjustment of the water
suit now pending, involving the
water titles on the Walker Rivers.
Knowing the impartial interest
you have all along exhibited in the
welfare of your community, and
the unhesitating manner in which
you have stood for its advance
ment, l deem it my duty at this
iuncture to inform you of what
has been done to date.
The option on the Miller &
Lux property was finally obtained
on April 18th. 1t extends to June
18th.
Mr.. Hickey then directed my
associate, Mr.. ]. F. Peck, and my
self to prepare contract that
should provide finally and specif-
ically for the settlement of every
water title on the Walker Rivers.
You will appreciate that the
task was of some magnitude and
delicacy.
The contract, among other
things, was to provide for the or
ganization of two corporations;
one for the purchase of the Miller
& Lux property, which we will
term the land corporation; the
other for the securing of an ade-
quate water supply for all con
cerned, viz, the present users of
water, including the land corpor-
alton. The purposes of the first
corporation are briefly, to pur-
chase the Miller & Lux land, to
secure water rights for this land,
and to dispose of the land. The
purposes of the second corpora
ton, as stated above, are to secure
a water supply. This is to be ac-
complished by the construction of
suitable storage reservoir or
reservoirs, and the distribution of
the water to the people entitled to
it. Manifestly it is essential that
the water supply or reservoir
company should control the distri-
button of all the water otherwise
the benefit of the water storage
will fail to reach many of those
for whom it is intended and the
conditions if possible will become
more chaotic than they now are.
In order to enable the reservoir
company to control the distribu-
ton of water it is essential that
all parties who may be effected or
come under the reservoirs should
transfer all their water rights to
the reservoir company and take
water rights from that company.
This of course includes the land
corporation.
In order to obtain money for
the construction of reservoirs and
the maintenance of the distribu-
ton system water tax of one
dollar per annum for each acre of
land for which water rights are
executed is provided for. Stock
in the reservoir company is to be
taken by each of the water users
in proportion to the number of
acres for which he takes a water
right; so that he will receive
back in dividends his proportional
share of any surplus that may re-
main over after the payment OF
actual running expenses.
A contract, the essential features
of which are as above set out, has
been prepared. The contract was
some days since omitted to
Messrs. Massey, Mack, harrington,
Norcross and Orr, attorneys for
defendants in this action. 1t is
manifest that in a proceeding of
this complexity, where the interest
of some 1873 distinct parties are
involved, that attorneys represent
ing only one of these parties, no
matter how painstaking they may
have been in preparing the con
tract, could not on first trial pro-
duce an instrument entirely salts
factory 10 each and every distinct
interest involved.
Realizing this, | requested the
above named attorneys, after they
had read over the proposed con-
tract of settlement, to meet with
us in joint session and discuss the
general proposition. This was
done Thursday afternoon, the