Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-06-14
Duckwater Case Settled
After Weary Litigation

1
him, and shall be confined absolute
ly to previously unappropriated
water.
F. That. though there is unap-
propriated water in the supply upon
the Big Warm Spring plateau, the
appropriation thereon is hereby de-
clared to be detrimental to the pub
lie welfare and to invade or i'm
pair the rights of other appropria-
tors, unless works of control are
constructed as hereinafter set FORTH
under the control OIL this court and
under its supervision, to be exercis-
ed through an officer of this court
properly authorized.
G. That the plaintiffs herein
shall bear the expense of putting in
all works of control necessary to
secure to the userz of water be-
low him their appropriations as
| fixed by DEGREES of this court and to
| ascertain and secure to himself his
own appropriation OF water of the
Big Warm Spring and its neigh
| boring bodies of water, as more full
" explained in the opinion filed
herewith and made a part hereof.
H. That the unappropriated wat
er Of the Big Warm Spring and the
other bodies of water in the Big
Warm Spring plateau can be prac-
tically determined only by the con-
struction and operation of works
of control.
|. That said works of control
shall consist:
First-Of canal sufficiently
large to carry all the outflow of the
Big Warm Spring from the chan
mel of said spring to Duckwater
creek proper a short distance below
King Spring, without leakage or
overflow, said canal to be free from
sharp turns or angles.
Second-Of water tight dam at
the point where said canal leaves
the Big Warm Spring channel, of
proper size, structure and strength
to hold the water of said channel
within said channel, and provided
with a gate of sufficient size and
strength to control absolutely the
flow of said water into said canal
or to prevent absolutely its flow
into said channel whenever neces-
sary.
Third-Of water-tight dam
across the channel of the Big Warm
Spring below the point of beginning
of said canal, of proper size.
structure and strength to turn the
water of said channel into said
canal, and provided with a gate of
sufficient size and strength to con-
troll absolutely the flow of said
water through said channel.
Fourth-Of wiers at all points
|of diversion by bitches along said
canal, having gates of sufficient size
and strength to control absolutely
the flow of water into said bitches.
All OF said gates shall be easy
and effective of operation, and SO
arranged that they may be locked
in place whether open, partly open.
or wholly closed, and shall be pro-
vided with locks, the keys of which
shall be held by the water commits
sioner hereinafter referred to, or in
event of his non-appointment by
such officer of this court as may
be exercising supervision under this
decision
j. The appropriation under Find
ing II shall be by wier, to be con-
structed by the appropriation and
the last two paragraphs of conclu-
sion = shall apply thereto.
K. That the water to be appro-
priated under Finding II shall be
conducted to the points of use in
proper bitches and without vast
age that can be avoided so that
no more need be taken than will
serve the purpose for which the APP
preparation is permitted irrigation
only.
Il. The necessity of complete pro-
lection to the users of water of
Duckwater Creek requires that this
court should maintain supervision
over the distribution of water on
the upper reaches of the stream
and over all works of control. on
and in the immediate vicinity OF
the Big Warm Springs pleateau,
to which condition the plaintiff
must agree before this decision
shall in any manner go into effect
in his behalf.
hA