Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-08

erected many years ago LOngahaugn
did not show any prior apDropr alton
and the decree properly erjO:ns him
from inter ereing with that part uf
the water of Ophir Creek ava dnA r.
the plaintiff, because he ran the
water n his flume past their ditca
and into one owned by Winters. AMI
goined with the other defendants in
answering and resisting the rights =
plaintiffs. The decree does not nr7-
vent him from taking any water !,
the creek n excess o. the amount
awarded to plaintiffs Nor does il ;r
any way Interfere with the water 20
longing to him coming from other
sources. This he may turn in,o
oph1f creek and take out lower dc>.-7
provided he does not diminish H.
now to which plaintiffs are entitled
On May 30, 1877, john lwadd,e the
rather and predecessor in interest o.
the plaintiffs, conveyed to NJ. G. Lake
'one-third of that certain water ditch
and f1ume known as the Twadain
ditch, leading from what is nov
known as the Ophir J~eek to the Ian
OF said Twaddle, soutierly r-rrr saIe
creek through the lands o, & +
| Wooten and M. c. Lake. with the
privilege Of running water through
/ SAID Hume and ditch to what is known
as the Bowers Mansicn cr grounds
! the expense OF MAINTAINING said
/ ditch and fiume to be paid By each N
proportion to tnei" interests in same.
It viii be noted that this la1glu-a
does not nucnCrt to gram sn- watnr.
! put rather the right to cCrivPv wptar
and that it amounts to a sale OF a
third interest in the ditch with IT
least the privilege 10 tnat extent q
running IN it water which lake hal.
or might appropriate. later the d.
/ PENDANT Theodore Winters. acquires
/ the Bowers Mansion and erounts
! through ConveyanceS which G.d HOT
. mention an interest in th-s d.tcn It
does not appear thai Lake CT ~
grantors ever made any Use OF tn :
( ditch CT ever contributed towards It's
repair.
Alexander Twaddie stated OF t..
stand that he did not claim all this
ditch and ,hat the plaintiffs own2'j
two thirds OF it. Whether under tbs
deed the One-third interest IL the
ditch became appurteDant t. lhy
Bowers land when il was nete: usetl
for its irrigation. and late~ pasee-
with the land without being menTlDl-
ed, ana whether after the !2pse 81
twenty five years without any Use OF
contribution towards is repair Jhc
grantee Of Lake has q third intere =
as q co-OWner II the ditch and tia.
part of the flume which las nnL pet.
Superseded by the new che built 10y
plaintiffs, are questions winch ~
ne-i not determine, for they. and JAa;
part of the Judgment OF to court
which gives the plainufTs the "eXc!u
sive use of the upper IWaIule Dltcl
and Flume, are not wiJhin tie ale
cations of the p.eldings Web con
tain no reference 10 the exclusive US
Ct. or third or any interest in tn
ditch.
Under the assertion in the c. IL
plant Ct the appropriation q Tat2'
by means of certain cams. Gitche
and 2 liunle~ he -C"rt nTC0arlF Gg
creed TO plaintiffs the r4hJ to use t2'
water through either CT both Jht
bitches running to their i9nGs. The,
would have that right III the tpDe
; ditch if their interest N il IL cn.t
an undivided tWo-yh2r.2s. as The cou =
has given them Jointly with the de
PENDANTS in the lower ditch, D1J
> whether the grantee # Loke.. oV1l,
and can assert a righl 70 an UndLTl
: ded Cne-tAIr3 Interest. is GN"StlCl
p as foreign as lie OEsnS. : p 4 IT.
: mansion. and one which ought -
, % be determined D. the 3uo,'oselt q
the abSercc II any ISSUE q. s}..A'
concerning il. The de5cnual'a he /
: 6caIlv excented to i4G.u, 81 .-u+
= Twelve in this regard.
Patents for defendant $ land Ein-
- along the banks # ophr reNA W..
= issued TO their grantOrs i - -h<
, passage Of the Act Of Congress d"
f julv u 1876 an. il IS a. er' '. 80
: for this reason a vested Con'mol
; Law riparian right to the flow OF t.
waters ol Opnlr Creek accrued Vi
whicn he. ccIiL MT "e "sh'' /"
thai Acc If this We -.'le ao-5-l-;.ll'
might as vel be lousiCNtu D---
p he circumstance she ~ - has .oS
: that r,@r- by accUiescenCe IN '~@ -
] timed Diversion ii The wat"r b, l.-e-'
s tins for period meny times ionga
T. than that provided by The 7t2."f@
> LIMITATIONS. but IN MS C:nlenti"'
: 'c0ursas j., N TOT. ~ &c No. ".~
10 consider seriously or It !ei-i
p an argument by which i IS ,s''=-i-t u
= have Us oyer-ruIe W.. r,e-',---'. TIC
I cjsions Of long anairg in th!a g.
otl,9,, Yr:a etafts ~nC Ia - g. 1u@I n
= CCrrr Of the United States, such 2
;, ZONES Y. Adams, Reno S2mp.l
i works SJe- ar ~ and BrCGer
= - .,,..7.., NV trar mis- Slatui