Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1914-03-07


right in the main Walker, the point
of diversion being about two miles
below Yerington This shows that
you are not familiar with the law of
appropriation The Pacific Livestock
of East Walker as thew have in West
Walker. In other words, an appro-
priator of water in a stream in Ne
vada has right to the water appro-
plated and it does not matter whether
the water comes from two or more
tributaries of the main stream, and
those younger in point of right on any
tributary stream must let the water
go on down until the older appropria-
ton is supplied. So. the Pacific Live
stock Co. as the successor of Miller
& Lux has as much interest in the wa
tiers of the East Walker as it has in
the West Walker.
S. Your criticism that paragraph 5
is unjust certainly will not appeal to
any fair minded man. 1t is a provis-
ion that enables the Antelope Valley
Land & Cattle Co. to take out of the
stream higher up waters that belong
to others, providing it turns a like
amount of water into the river out of
its reservoir thus supplying the lower
appropriations with the amunt of water
that they are entitled to take out of the
river If there is anything unjust or
unfair about this paragraph we fail to
see it. 1t is not capable or susceptible
of being twisted because it is so writ
ten that it is very plain to anyone who
will stop to read said paragraph j.
6 In your criticism No you COM
plain that there is no estimate OF the
probable cost of the reservoir. You
claim taht it has been turned down by
some of the best engineers; also, that
the Antelope Valley Land & Cattle
Co. shall have control until the reser-
voir is completed to its natural ca
pacity, allowing that company to
spend an enormous amount of money
on construction which the water users
cheerfully agree to pay; and you ask
chow much" You further say does
this need and considerations" You fur
Their complain that if the Antelope
Valley Land & Cattle Co. fails to build
then the people have the privilege to
dig up a fortune of their own to put
water into the reservoir, the bottom
of which is twenty-six feet below the
bottom of the Walker River, and then
spend another fortune getting it out.
In all of which our clients are not
concerned. even if they were true.
(a) You will observe in paragraph
Is the following language: Nothing
herein shall be deemed an agreement
by any party to purchase its share, but
only an option to purchase the same,
nor shall it be deemed an agreement
to build said reservoir but only an op-
ton to do so in case the parties de-
sire and are willing to subscribe to
said stock" Hence. all of your criti-
cism in respect to the reservoir does
not concern the members of the Walk
err River Irrigator's Association, be-
cause not one of them has agreed to
take any interest in the building of the
reservoir or to have anything to do
with it, and few intend to take any
interest. There are some of our clients
who desire to store water. and they
are going to take an interest in the
reservoir with the Hickey interest.
Now then, as to the truth OF your
criticism: There is no estimate as
to the probable cost of the reservoir
in the agreement because it would
be out of place in this agreement and
is a matter that does not concern the
members of the Walker River Irriga-
tors Association and concerns only
those who see fit to take an interest
in the reservoir hereafter.
CD This site has been pronounced
by every engineer who has surveyed
it as one of the best on any OF the
streams in the West, and you cannot
produce an engineer of standing who
will state the contrary.
Co There is no agreement by our
clinets or any water users to pay one
dollar of the expense of building the
reservoir and YOU knew it when you
penned the criticism.
I'D You saw "How much?" Our
clients have not agreed to put one dol
lar into the reservoir, hence are not
interested as to what it will cost.
(e) The building of the reservoir
can be safely left to the Antelope Val
ley Land & Cattle Co. so long as it
puts up the money for the building OF
the reservoir.
% 1t is probably true that the
reservoir is twenty-six feet below the
bottom of the Walker River, which
makes it a far better reservoir than 1t
would be if it were not so, for the
reason that twenty-six feet will take
care of the mud and debris that always
settles in a reservoir for a good many
years without the owners having to
clean out the bottom of the reservoir,
and the heiphth of the natural reser-
voir above the bed of the Walker
River will carry sufficient water to
give those who take an interest in the
reservoir all of the additional water
they will need for all time to come
and the water stored above the bed
of the Walker River can be taken out
without any cose after the tunnel is
dug and the gate for drawing the
water is constructed.
7. The fact that the Antelope Val
ley Land & Cattle Co. demands sew
enty-five thousand dollars for their
holdings in Alkali Lake and the mead
ows adjacent, is not matter of any
moment to our clients. AS you will
observe in paragraph Is, they have
not agreed to take any interest in said
reservoir site or the meadow lands
that will he cnyered with water IN