Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-08
SETTLEMENT PROMISED.
Compromise Between the Smith and
Mason Valley Farmers and Miller
and Lux

The delegation of farmers from
Smith and Mason Valley. who have
been in San Francisco, where they i
held an interview with Miller & Lux
over the cOntended water right. has |
resulted in what appears to be the |
first defnate approach to compro- !,
mise in the big water suit that has !
been before the United States Dis !
trict Court the past two years.
Mr. Ames who is in this city ON
Court duty, states that he has every
reason to believe that the matter will
be settled outside of the courts The
Smith Valley people are unit in the
belief of the settlement and most
of the Mason valley farmers are COM
ing to think in the same light. A
settlement would mean great saving
all around and be more benefit to the
suit stricken district than has hap
pened in many years.
Following is the terms that were
and they seem reasonable enough for
all parties interested:
Office Of Miller G. Lux
San Francisco Dec. -. 1904.
Messrs J. | Wilson anG j y Simpson
Gentlemen:
In view of our conversations with
reference to finding some method Of
settlement of the disputes in the case
of Miller & Lux against Hickey so far
as relates to the users of water from
the West Walker below Antelope Val
ley, We will now state definitely the
opposition which We made to you
orally, and which we think will affor1
a basis for a settlement as between
those parties:
1. An agreement is to be made
between Miller & Lux. all the water
users on the West Walker River in
Smiths valley and Mason valley. and
also the Spragg Woodcock Ditch Com
pany, and the owners of the Nichoi
Ditch. by which the respective prior
tiles are to be settled and the amount
of the respective appropriations 70
be fixed according to the capacity Of
the respective bitches as they were at
the commencement of this suit For
this purpose We are willing to ac-
cept the measurements heretofore
made by Mr.. Houston so far as they
:. go, and such further measurements
as may be necessary
2. An agreement to be made Gov
ering the season of short water sub
stantially as follows:
Whenever the quantity of water
passing the Hoy bridge shall be found
to be less than certain quantity
tsay somewhere from 80 to 40 feet as
may be found right the ditch owners
in Smiths Valley are to agree to
turn down a certain proportion Of
that water at the foot of Smiths Val
ley to be measured at a point to be
selected at or near the foot of that
valley; the owners above mentioned
in Mason valley to agree to turn down
certain other proportion Of that
water to Miller e Lux and it's co
owners to be measured at point on
the river between the Nichol ditch
and the Campbell ditch: that arrange
ment to continue so long as the waite
passing the Hoy bridge in less tha1
the quantity named
>. The division of the short waite,
between the various owners II
Smiths vaJlay to be arranged ,or
shall suit them. and the division be
tween the owners named in Maso;
valley above the Campbell ditch, t.
be made as agreed upon between
them: and all the owners in Smith
valley to be jointly responsible 70
sending down the quantity of waite
agreed upon, and said owners il
Mason valley to be likewise joint,
responsible for Sending down the
agreed quantity to Miller & Lux an
its co-Owners.
4. When the details are all iXe
and agreed upon. the entire agree
ment to be reduced TO writing, sign
ed by all the owners above mentione'
filed in Court in this suit. and a deere
in the suit as between the parties t.
that agreement TO be entered in aC
cordance herewith.
.. 1t should, however. be under
stood that if such an agreement y
entered unto, the persons signing
will also agree to cooperate witt
Miller e. Lux in opposing The clai,