The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1914-10-08
COURT MOD|F|ES
WATER INJUNCTION

issued by Judge Ducker in the case of
Johannes Anderson, ct al, VS. w. M.
Kearney, state engineer, in pursuance
Court. 1t will be remembered that
water users in the Lovelock valley
some time ago brought suit in the
District Court to restrain the state
engineer from proceeding with the ad-
Indication of water rights on the
Humboldt river and it's tributaries ac-
quired prior to the passage of the law
AUTHORIZING such proceeding by the
legislature of 1913. Judgment was
given for plaintiffs, and from this
ruling defendant appealed to the Su-
preme Court, securing an order modi-
flying the injunction granted by Judge
Ducker.
The full text of Judge Ducker's or
der follows:
The above named plaintiffs. having
filed their verified complaint herein,
praying for certain relief, and that
injunction issued out of this Court,
enjoining defendant from doing or
suffering to be done acts in said COM
plant specifically set forth, and here
matter referred to, and the said
Court having considered said COM
plant and the record herein, and 1t
appearing therefrom that the plain
tiffs are entitled to the relief demand
ed, and that said relief consists In
restraining the commission and con-
tinuance of the acts complained OF,
and it further appearing that the COM
mission of said acts complained OF
during the pendency of this action
would produce great and irreparable
injury and damage to the plaintiffs,
and that the defendant is doing and
is threatening to do the acts set forth
in said complaint, and in violation of
plaintiffs rights respecting the sub
ject of this action; and the necessary
undertaking for injunction having
been given, approved and filed;
Now, therefore, it is hereby or
dered that the defendant, w. M.
Kearney. as State Engineer, and his
agents, servants, employees and all
persons acting under or by the au-
thority of said defendant as State
Engineer, be, and they hereby are,
and each of them is, enjoined-(a)
from in any way or manner making
any determination as to the date of
priority extent or purpose, of the
rights to or appropriations of the
prsintiffs, or any of plaintiffs or the
rights to or appropriations of any
other claimants, in or to the waters
of said Humboldt river or its tribu-
taries, which said right to or appro-
priations of the waters, of said Hum
boldt river or its tributaries, were
initiated and perfected prior to the
approval of the water law of Nevada.
approved March %, 1913; (b) and.
entered of record in the office of the
State Engineer an order, or any or
der, determining the rights of plain
tiffs, or any of plaintiffs, or any of
the appropriations of water from the
Humboldt river or it's tributaries,
which said rights or appropriations
were initiated and perfected prior to
March %. 1918; (c) and. from issuing
or causing to be issued, to any appro-
priator of or claimant to any of the
waters of said Humboldt river or its
tributaries, the certificate, referred to
in section 81 of the said water law OF
Nevada, approved March 22, 1913,
Cd and. from making any determi-
nation or order that proof of apprO-
priation must be filed within any
fixed time. or from refusing to re-
ceive and file at any time. within
Office hours. proof of appropriation OF
water from the Humboldt river or its
tributaries, when the said proof OF
appropriation of water is in form and
accompanied by the proper fee there
for, as provided by law; (e) and,
from making any determination, as to
or concerning the rights to or appro-
priations of the plaintiffs or any other
| claimants in or to the waters of said
| Humboldt river or it's tributaries
which said rights to or appropriations
of the waters of said Humboldt river
or its tributaries were initiated and
perfected prior to the approval of the
water law of Nevada, approved
March %. 1918. which would in any
way impair vested rights:
Pending the final hearing of the
above entitled action, and until the
| further order of this Court
Done in open Court this Sd day O.
| October. 1914.
"EDW. A. QUICKER,