Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-01
CIT V. =

appears ,llt t p liffs' had not
materially inore cir opprop ia
tCn IA .--..-
Theodore W ntes lied upon the
stand that during the last ten or fif-
teen yea e &c Gsing twice IS
much wafer from Cphir Creek in ad-
ditiCn tC q d ler streams, rs
he used DIR ng Il first ten years that
he cultivat ed 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 which has remained
stationary may account for the short
age and dispute.
Ry cons 0 + q D"rtieS n Ona1
court TIE district iu2ye. accompanied
by a civil engineer who had testified
as a witness for the defendants, view
ed the premises and nade measure-
ments. At he noi0t of lea~t carr
ing capacitw' Of the upper Twaddle
ditch. VIII Oh is the old square fume
near the Rowers' Mansion and grave,
he measured the Cow 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 cana city was 1S2 inches at
this point. and tat the cana oi-v Of
100 feet of old f'ume remaining I'D
nearer tho he'd of the ditch which
had been imnairod hv age end aban-
doned. and eunD'an'ed hv now Y
fuma KILT ehnve the old one by the
plaintiffs in 1900. was $50 inches At
this point the JUDGE found tHat 1884,
inches Of water which he had meas
Ured below about fled the now y
ffume. and he eetirT atod that the oil
, Nume would ca nv from 900 10 goo in
ches. From his examination of the
premises AMI tho rharac ter Of the soil
the eorrt was Of the opinion that the
nlaintiffs REQUIRED. ord were entitled
to. at least the omOrnt Of water theT
= had flowing n he Game at the time
he made the examination and he j.
creed them q nriOr right to 124 miners
inch os rrlnrin~ under q fCu~ inch
pressure or 3 $3.50 cubic feet per sec
, ond from hnri' 18th 70 NOv 17th nf
! each year, and 90 inches or % # ono
cubic foot per second for domestic
use ond Watering stock at other
times. It is claimed the amount a.
dence hncause moro than the ranaci-
ty of the upper Twaddle ditch as
shown by tie testimony mentioned
fving if at $50 inches at tho pnint
above the mansion. and at $50 inches
along the 100 feet of old flnme.
through which the water flowed prior
to 1900.
1t is not necessary 10 determine
whether tie court on its own exa~in-
alton and mao surement may allow
2, nuantitv hevond the range of the
evidence nor whether the SURVEYOR
could actually estimate the cana city
If the 100 feet of cid f1ume without
knowing the volume and velocity o.
the water that entered it. nor wheth-
err the variation of one part in ninetv-
one or the difference between 100 III
ches in his measurement aud that Ut
1874 by the Judge should be disregard
ed as tae triaing to be material and
as slight discrepancy to be expecte I
for tho :,,drr>'an+ for the - inchae
which defendants claim shcrlS he do
Quoted because in excess of the ca
acity of the rnDor ditch and fr~1n he
fore the construction of The V 1I--o0r
in 1onn is sr>orted bv tho .7,ding ot
'he court that re plaintiffs and
their grantCrs lad for moe than
thirtv-One years before the commence
ment of this suit used norton a
the water through the lownr rrwa :
die ditch It is urgnd that 1874 inches
is more than REQUIRED for tho irr5ea
ton of plaintiffs ranch and thnt thi,
is asneciallv so because a fnw IF ~ Of,
| 90 -
above the unne- ditcn from Onh;,
Creek and small portion is na+ura'i,
swampy The quantity Of water -
I lowed nv the decree seems verv lib
eral. both for irriga1ion and for d.
nestle use and Watering stock En-
gineers and others testified that on:
half and three fifths Of an inch q
| water per acre WIS sufficient Will,
for the plaintiffs. farmers from tn.
vicinity varied il. their nstin,atos q
the amount necessary from Gle an,
one hal! to three snG one half niche
per scre
The evidence indicated that tn,
plaintiffs had used as much water a.
that awarded to them and more, AM
had uniformly produced good crops
J Much of their land is sandy with CO.,
siderable slope. After examining tn
soil and viewing the quantity of waite
as it ran on the premises. the cou-
agreed with the testimony Of tn,
plaintiffs that that amount was nee
essary and adopted a mean betwee,
the highest and lowest estimate
The quantitv of water requisite va
les greatly with the soil. seasons
crops, and conditions, and we canno
say that the allowance is excessive.
Alexander Twadde testified tha
there We're times during the summer
evidently short periods after the Ian
had been irrigated. when if was no
necessary to nse pc much as the w
per ditch full of water On such or
casions and whenever it is not nee
eel by the plaintiffs it should be turr
ed to the defendants, if thew hav
any beneficial use for it. and not ne,
! mltted to waste. It may be implie
! by the law, but it is better to hay
: fecrees specify. and especially so i
This case, in view of the testimon