Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1909-01-30
PEACE AT LAST ON
/. The WATER
QUESTION

One of'tlfe greatest legal battles ever
waeed in the United States before a trib-
unal coutesting for titles to rights OF
water, has just been settled out OF
court, through a. complete understanding
and agreement between all parties ma
terialiy affected, including the United
States government.
In 1902 suit was instituted in the Fed
eral Court at Carson City, involving 12O
land holders in Mason and Smith val
leys, which brought into dispute rights
of water users to 90, 600 acres Of land
located in Lyon. Douglas and Esmeralda
counties, Neyada and Mono counties,
California along and in proximityof the
course of the Walker river and its feed
ing creeks Miller & Lux, the million
aire cattle and land owners of California
and Nevada, being the principal parties
involved in the litigation The suit for
the purpose Of obtaining definition of
their rights to water severallv as aginst
Miller & Lax. A bitter warfare has
been waged for several years between
an array of legal talent on both sides.
representing some of California aud Ne
vada S most most brilliant LAWYERS.
To Prof. Henry rhurtell. member of
the faculty of the Nevada State Uni
versity belongs the credit of bringing
about the amicable adjustment salts
factory to all parties in the suit.
While tile agreement has not been
signed it has been definitely accepted,
and on February /, legal representatives
of Miller & Lux and the numerous Ma
son and Smith valley ranchers will as
semble in Reno, sign the agreement and
stipulations, and formerly Withdraw all
protests and ask for a decree from the
Federal Court in accordance with the
findings and stipulations as agreed upon
bS both sides. which when done, will
thoroughly and definitely define the
rights and title to the water rights of
Miller & Lux and the several contestants
in the suit for all time TO come.
Arstipnlation was entered into by the
ranchers and by Miller & Lux, whereby
it was agreed that the rights of each
user of water on the river should be de-
-terniined by special Master in Chancery
who should collect from each rancher
affidavits, reciting the history of his use
Of Water on his land. and that therefrom
these afiidavits, the Master should de-
ternine the real rights of each user of
water, giving the respective priorities
and the quantity of water to which each
user was entitled.
These findings were assembled in
printed pamphlet form, and copy sent
to each user of water. Any person dis
satisfied with any finding could at any
time within l20 days after the publication
and mailing of the findings lodge pro-
test in writing with the Master against
any finding unsatisfactory to him. The
stipuations were entered into i'll May
1907, and the findings were made iii Jan
uary, 1908. They were to such an extent
satisfactory that but one protest of any
real Importance was filed. This protest
was from group of ranchers under the
name of the Walker River Users Asso-
citation against the findings for Miller &
Lux. ~.
These stipulations provided that in
the case of protest the matter in con-
troversy should be tried out by regular
court procedure before the Master in
chaDcery who should, upon the evidence
so produced, correct or amend his find
ings as the evidence should justify
The trial of the protests took place in
September, 1908, and lasted 10 days. 1t
was then adjourned until December II,
1908. Upon that date the hearing was
resumed and continued for 10 days at
the expiration of which the disputants
agreed upon basis of settlement. The
original findings by the Master in Chan
Gerry prevail as against every person on
the stream except that the rights of Mil
Ter & Lux against the ranchers repre-
sented by the Walker River Users Asso-
citation were modified by stipulation as
agreed upon at the hearing. The stipu-
lations provided for review by the
court of ALI protested findings but the
matter has now become so satisfactorily
settled that no court review will be
required.
A valuation of $1,000, 900 is placed