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

at the t.. IS
appears that t-a ,l7intiffs' had NOT
materially inCrea : or opDr0p ia
ton N
Theodore winters -. J ed upon the
stand that during the last ten or fif-
teen yea had ee using twice is
much wafer from Ophir Creek in ad-
dition to tia f On O,her streams, rs
he used during the first ten years that
he cultivated his lands. AS he claims
and uses more than the plaintiffs, we
conclude that this large increase in
his diversion of the waters Of the
streams since the completion of their
appropriation VIII Oh has remained
stationary ray account for the short
age and dispute.
By cons o. t. e porties in ona1
court the district Judge accompanied
by civil engineer who had testified
as a witne~s for the defendants, view
ed the premises and made measure
meuts IT the noint of least carrv-
ing capacity of the upper Twaddle
ditch, which is the old square hume
near the Bowers Mansion and grave,
he measured the How at 1874 inches
and the water lacked more than two
inches Of reaching the top. A sur
veyor had testified for the plaintiffs
that its cap' city was 1872 inches at
this point. and that the cana "itv Of
100 feet of old f1ume remaining UP
nearer the bead of the ditch which
had been in7nairod bv age and aban-
Goned, ard eunp'an' ed nv new Y
f1ume built above the old one by the
plaintiffs in 1905. vas $50 inches At
! this point the iudre fCurd that 1874
/ inches of victor which he had meas
ured below about flied the new V
/ fiume and he aStir" atod that the Old
fume would carr from POO to 600 IL
/ ches. From his examination Of the
premises ana the characta~ Of the soil
the count w"s Of the opinion that the
! plaintiffs ro~uire5. and were entitled
to at least the amount of water thev
| had flowing in the fun1e at tho time
ha made the examination. and no q =
creed them nrior right 20 1e4 miners
inches running under q -four inc'l
! pressure or 8 $3.50 cubic feet per sec
oNd from hnri1 18th - No 18th 81
each year. and 90 inches or % Of ono
cubic foot ner second for domestic
use end Watering stock at other
tines. It is claimed the amount a.
lowed is rot warranted by the ev;-
denca hocauec moro then tho cana ci-
ty of the upper Twaddle ditch &C
shown by the testimony menti0ned
| ivire It at 79o inches at the point
above the ma1sion and at $50 inches
along the 100 feet of old f1rne
through which the water flowed prior
to 1900.
It is not NECESSARY to determine
whether .ho court on its own exarin
alton and measurement may allow
a nuantitv hnvond the range of tbs
evidence. nor whether the surveyor
could actually estimate the cann cit,
Of the 100 feet of cid f1ume witHor
knowing the volume and velccitv o
!; the water that entered it. nor wheth
err the variation Of one part in ninet''
one or the difference hetwooN 100 ",
. or es in his measurement and that y
1s4 nv the Judge should be disrera- II
. ed as too triHing to be rate ia' an,
as a slight Discrepancy to be avnpnte
fer tho ir4"rrant for the % ircha
, which defendants claim shoulf he de
. Quoted becarse in excess of the caD
acitv If tho unrn~ Itch and Hrr ho
. fore tho Corct~rot:.1r IF the v rr'-r>.
- 1ann ic cuno~tar hv -ho ending r,
tho court that re niaintiffs an,
their erant0rs lad for n>o"e thu;
thirty-One wears before he commence
r1ert Of this suit used Dn~t:on o
tho water through the lower rwa
, die ditch It is ureod that 1874 inche
is more than required for the irrigF
, ton Of nlaintifst ranch and that thi
: iS especially so because few of thei
17n45 n"res of cultivated land lie
, | above the unne~ often from Onh;
Y Creek and a small portion is natural
: | swampv. The Quantity of water q
: | lowed by the decree seems very Iii:
eral. both for irrigation and for H.
) mestic use and watering stock. FIR
, | gireers and others testified that on
F | half and three fifths of an inch q
: water per acre WIS sufficient, Will
:. for the plaintiffs. farmers from I'll
: vicinity varied. II. their estimates {
. the amount necessary from cae on
, enc halS to three and one hall inche
> per acre
!, The evidence Indicated thai tn
plaintiffs had used as much water a
, that awarded to them and more, an
had uniformly produced good crop
, Much Of their land is sandy with CO..
p siderable sloDe. After examining tn
, soil and viewing the quantity of wate
= as it ran on the premises. the COW
q agreed with the testimony Of tn
-, plaintiffs that that amount was ne
= essarv and adopted a mean betwee
the highest anc lowest estimate
=. The QUANTITY IF water requisite va
= les greatly with the soil. season
), crops. and conditions. and we cannt
- saw that the allowance is excessive.
> Alexander Twaddle testified III.
:, thnre We're times during the sup,ma
! evidently short periods after the Ian
!. had been irrigated. when it was n,
:; necessary to n9e as much as the Y
per ditch full of water On such q
" cHsions and whenever il is not nee
;, ed by the plaintiffs it should be tur
- ed to the defendants. if thew ha,
anv benefcfol use for it. ard not ne
4 Nltted to waste. 1t may be imnlie
\ by the law. but it is better to ba,
: recrees specify, and especially so