The Fallon standard. (Fallon, Nev.) 1920-1958, 1921-02-09
Irrigation Law
Declared Valid
Case of Protestants Against Irriga-
tion District Continues In
District Court

The case of the several protest
ants against the Truckee-Carson ir-
rigation district which is In effect a
move to kill the drainage scheme
put forward by the water users of
the Truckee-Carson irrigation dis
length in the district court. 1t has
already assumed the nature of a
legal Marathon and II is asserted
that before the case Is concluded In
the Churchill county district court
transcripts will have accumulated
greater in size and volume than any
like documents previously filed In
this county Those who have watch
ed the progress of the case during
the last seven-day period voice the
belief that its termination in the
present court of hearing cannot oc-
cur until some time next week.
Many points involved in the pres
ent legal struggle were settled Mon
day when the state supreme court
issued its decision in the case of the
Walker river irrigation district.
Justices Ducker and Saunders af-
firming the constitutionality of the
state law under which both the
Truckee-Carson and Walker River
irrigation districts are incorporated,
with Justice Coleman dissenting.
This official act will shorten the
trial now in progress by several
days say those who know. and 1t is
further asserted that practically
every vital question of law raised by
the attorneys representing the pro-
testants is settled once and for all
and that Nevada's irrigation district
law will stand as a model for irriga-
tion effort in this state for all time.
The supreme court decision will
be receivd in this city today. 1t af-
firms the judgment of District Judge
T. c. Hart that the Walker river ir-
rigation district in Lyon county, a
private enterprise, Is incorporated
regularly and all proceedings lead
ing up to this Incorporation have
been affirmed as we'll. These are
identical in character with the pro-
ceedings undertaken and completed
here by the board of directors OF
the Truckee-Carson irrigation dis
trict. Thus moot questions are set
at rest and the entire situation is
clarified in manner entirely pleas
ing to the proponents of the move
ment to get effective project drain
age here.
The several days of last week
following Tuesday were largely CIV
en- over to direct examination of
witnesses testifying on behalf of the
irrigation district. These were w.
w. Dudley, deputy county clerk,
Mrs. L. Vanvorhis, secretary of the
irrigation district board organiza-
ton, and Directors True Vencill, w.
A. Harmon and Thomas Williamson.
Questions directed at these witnesses
correlated around the early proceed
ings of the district board, 1t being
sought to show that every legal re-
quirement demanded by the state
law had been fully complied with.
Project Manager John F. Rich
ardson took the witness stand Mon
day morning and remained there
throughout the court sessions of
that day and yesterday. He was
still on the stand this morning. Mr..
Richardson Is a witness for the irri-
cation board and as an expert is
testifying as to the urgency of the
need for drainage on this project.
Cross examination of witnesses will
commence today. it is believed.
Up to this time the protestants
have offered no testimony. 1t is
not known who will testify on their
behalf. Further witnesses for the
irrigation district will include Ell
wood Meade, the noted California
authority on irrigation matters.
Thomas II. Means, of Berkeley,
Calf, formerly project engineer
here, and Prof. B. A. Etcheverry, OF
the California state university facul-
ty at Berkeley, and a drainage au-
thority of wide note. He is the
drainage expert for the California
state irrigation board.
There will still remain the matter
of affirming the manner of affixing
costs. The board of directors repre-
senting the Truckee-Carson irriga-
ton district, declared for the hori-
zontal plan of assessment, yet a
more equitable method may be
evolved. Difficulty always attends
the fulfillment of such matters and
this valley is not alone in its divis-
ion of sentiment on the question.
Land owners with a direct and ade-
quate drainage maintain that their
assessments should be less than the
ns.shbor with no drainage facilities.
Among the protestants are a number
of the most substantial men of the
valley. Transversely. partisans of
the horizontal plan maintain that no
method Is at hand save the horizon
tai plan, which takes in to full
recognition broad diffusion of ben
eft in equal proportion. can be
evolved, yet this is question that
is altogether up to the court of
hearing In the present instance.
Il