Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1904-06-10

Siloulu ne nclti out 10 the secretary
Oh II Interior by cooperation and
helpful state legislation tocnterupOn
the work of construction, operation.
management and maintenance as
aforesaid: Now. therefore. the poo
pie OF The state Of Nevada represent
cd in Senate and Assembly. do enact
as fOllOwS:''
The important provisions of the
bill are: list. All natural WINTER
courses and natural lakes, not in
private ownership. belong To the
public and ARE subject To nppropriu-
tion for beneficial Use.
2l. The right To the Use Of winter
So appropriated for irrigation shall
he nppurt"nant to the land irrigated,
and hrIlciicial uSc shall he the basis,
the measure and the limit Of the
right.
:id. The maximum quantity of wat
or which may br used for irrigation
purposes shall not exceed three acre.
feet per year for each acre OF land ir-
rigntcd.
18th. Tl" office of State Enrinpcr
Is created.
9TH. The state Engineer shall CO.
operate with the Secretary OF the In
terror in all work Of construction.
= = Ail
m"nt OF irrigation works constructed
by Ia" Secretary of the Interior i'm
AMI for the benefit Of N"vuda. and
shall i'll every way facilitate the
work OF the Secretary of the Interior
la carrying out the provisions of the
determination Act" in Nevada.
9th. The State Engineer shall pre-
pare for each stream II list OF the an.
preparations of water according 10
priority.
9TH. The state Board of Irri-a-
ton shall divide the State Of Ncvndu
into water districts. and may ap-
point water commissioners to Iii
vide IN" water according to the de-
termination OF properties in each
district.
To fully understand The necessity
Of the provisions OF the law il will he
well To consider conditions existing
before its passage. When water he
came scarce in the later summer
months bitches high up upon the
stream took what WAS needed ana
crops under the lOwprmDSt ditChrs.
suffered from drnught. The fnrmrr.a,
thus damaged sought relief in cOur!uunn'
or 10y force, removed the upper dnilllur
and allowed water to reach ticif
crops. The first method proved ns
" hS NtlN SClollNi NfS numerous.
However Nevada has been fortunate
In judgments handed down in litign-
tiOn over the waters of the small
mountain streams ON the eastern
slope Of the SirrrnS. Their slmmrr
flow Is almost nothing and as many
desired water the vcXcd question Of
priority wa at an early date aired
in the courts. Happily all appropri-
atOrS OF water from the creek were
mndc parties to the suit and the
court PASSED upon the rights of each
and every user Of water. But after
the decree vas filed the weak point
OF the system became apparent. The
law provided no officers tOdividc the
water according To the decree. and
upon subsequent wrongful diversions
the only remedy was to institutecon-
tempt proceedings.
The iriGatOrS along the main riv-
crs have not been so fortunate in
their experiences. The well known
case Of Bliss vs.. GraysOn, over the
waters of Humboldt River, after
running through the courts for ten
years and costing no less than $50
600. ended where ii began. The suit
Of the Union Mill and Mining Com
pany against the farmers of Carson
Valley was In court eight years, cost.
ing the farmers YER $50, 900, and led
To no adjudication Of rights among
themselves. In July, 1902, Miller 4
Lux began an action against all Of
the irrigntOrs along Walker River I'm
Nevada above them. Almost two
years have passed and the
urp not vet filed.