Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-14

al. This is the famous .'Duckwat-
er case" which has been in the
courts so long that some of the
witnesses have died of old age, and
which has figured somewhat in
state politics.
1t will be remembered that Gov
ernor Dickerson alleged as one of
the reasons for his removal of
State Engineer Nicholas the ac-
ton of the latter in this contro-
versy.
Judge Averill's decision in full is
as follows:
The above entitled cause having
been tried by the court when sit
ting without a jury, the decision
thereof is hereby rendered in writ
ing by the judge who tried the
cause, and is hereby ordered filed.
The said Judge briefly states in
his opinion the facts found and CON
illusions of law reached, as follows:
Facts found:
I. That the swamp and lake
of the Big Warm Spring, Nye coun-
ty, Nevada, are at the present time
one of the sources of supply OF
Duck water Creek.
2. That the Big Warm Spring is
andhas been the principal source of
supply of Duckwater creek.
: >. That the water of the Big
Warm Spring flown through its
+. channel into a swamp, lake and
: ponds upon an elevation composed
. OF travertine and careous tufa, rock
debris and soil, from twenty-five to
ninety feet higher than King Spring
and hereafter referred to herein
as the Big Warm Spring plateau.
4. That the edge of said plateau
is in the vicinity Of the De Flon
ranch and it is a travertine bluff.
B. That most of the springs at
and in the vicinity OF the bluff of
the Big Warm Spring plateau re-
ceive their supply of water by per-
collation. from the lake and ponds
on the plateau.
b. That few of said springs
are probably independent springs,
possibly remnants OF ancient hot
springs.
q That there is some unap-
propriated water flowing from the
Big Warm Spring, but much small
Ter quantity than that granted by
permit of the state engineer to the
plaintiff herein, and permit bearing
date Of September 18th, 1908.
s. That the procedure under
which said permit Was issued was
irregular, but there was substan-
tial compliance with the law, except
that the protest of loce against the
said permit was not disposed of in
accordance with well settled prin-
ctples of law.
3. That the loss by evaporation
from the bodies of water on the
Big Warm Spring plateau is great,
and the loss by seepage is also of
considerable magnitude.
10. That the present conditions
on and about the Big Warm Spring
plateau result in wastage of water
that to some extent can be over
come by proper control.
II. That since 1882 the owners
OF the De Flon ranch have acquired
by appropriation 2 cubic feet of
water per second, when actually
needed for irrigation, from the
overflow of the Big Warm Spring
lake.
Conclusions of law:
A. That Big Warm Springs is a
part of Duckwater creek, and that
its waters are subject to the de-
crease of this court alloting water
to users along said creek.
B. That all of said allotments
are prior in time ard in right to
the appropriation mentioned in
Finding IL, and to any appropria-
ton made or to be made under en-
gineer's permit or otherwise here
after from the Big Warm Spring,
its channel, swamp, lake or ponds.
G. That the appropriation men,
toned in Finding II is prior to any
appropriation made or to be made
by the state engineers permit or
otherwise hereafter from the bodies
Of water on the Big Warm Spring
plateau
D. That the plaintiff shall not
take water from the Big Warm
Spring or any body of water form
ed thereby in such manner as to
occasion any loss of water to the