Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1914-02-21

cations before the State Engineer to reser-
voir said water which tying up the water,
so as to make the building Of the reservoir
secure.
TO- The water may be stored in the reser-
voir from November first to March first and
also at any time when there is in the river a
quantity Of water in excess OF the total
amounts adjudicated to the parties hereto, and
then only such excess shall be stored, and pro-
vided that water shall not be stored SO as to
deprive the parties of stock water, water
in use for power purposes
IL. All water in the reservoir in excess of
the amuont turned out Of said reservoir to
make up for the water diverted from
the river by the Antelope Valley Land and
Cattle Company, shall belong to the stock
holders according to the amount of stock each
shall hold in said company constructing said
reservoir, subject to the provisions of para
graph FIVE go hereof.
H. In the pending suit, in the final decree
the Court shall appoint a suitable person,
agreed to the parties hereto or, if they fail to
agree, party selected by the Court, to APP
portion the water in accordance with the de-
cree, and shall reserve the right to from time
to time, substitute person in his place
and his compensation shall be paid ratably
by the parties hereto in proportion to the
lands irrigated by said parties set forth in
said decree.
49, The parties hereto shall in some suit
able way guarantee the purchase of their due
proportions of said reservoir stock certif-
Gates whenever said Antelope Valley Land
and Cattle Company or other company here
tofore mentioned is ready to proceed to con-
80
certificates may be called for from time to
time the work progresses. Nothing herein
shall be deemed an agreement to build said
reservoir, but only option to do so in case
the parties desire and are willing to subscribe
TO said stock, and party may subscribe for
less than his proportion of said stock if he
so desires.
a. Nothing in this agreement contained
shall be construed SO to in any way in
terfere with, supersede conflict with form
agreement made between Pacific Live
Stock Company and part of the defendants
in this action, between the parties to said
agreement, except such changes speci-
fed in paragraph four 90 of this agreement.
Is. Each party hereto shall pay his own
costs herein
10. In case said reservoir, after it is first
built, is enlarged additional certificates for
such additional storage capacity shall be
issued and sold in the same manner and sub
ject to the same rights and conditions.
II. In case said reservoir is built, in
der to determine whether Antelope Valley Land
and Cattle Company is taking more water
than its due proportion, the West Fork shall
be measured at the Government station at
the upper end of the valley and all tribu
taries of SAID fork entering Antelope Valley
below that point shall be measured and said
fork shall also be measured above the outlet
of said reservoir sufficient distance that
said measurement would in way be affected
by water from the outlet of said reservoir
and if the due proportion of water of said
river and it's tributaries at upper points be-
longing to the people below Antelope Valley
is in the river at the lower point. then it shall
be deemed that Antelope Valley Land and
Cattle Company is not taking more than its
due proportion of said water.
18. Nothing herein contained shall affect
or impair the right of the United States Gov
eminent on the Walker River Indian
walton to any water of said river and it NAV
If it desires purchase its due share of stock
in the said reservoir company. and its rights
shall at all times be respected and preserved
by said reservoir company.
10. Nothing herein shall be deemed to
affect impair any right which the Simpson
Company may have acquired to water reser-
voired by it, in the winter during times
that all appropriations supplied, at the
head of Poor Creek, one of the tributaries of
West Walker River
20. II is further understood and agree that
that certain action brought by Hickey Land
ana Cattle Company in the Superior Court
of Mono county, State of California, against
certain of the parties hereto shall be dismissed
without costs to either party.
81 This agreement shall be deemed
stipulation in the said suit of Pacific Live
Stock Company VS.. T. b. Hickey and others,
so far as it is material to the determination
of the issues in said suit.
In witness whereof the parties hereto have
executed these presents of the second day
of August, 1918.