Legal notice of lawsuit

* . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 32 I SSI p| IK THE TENTH JUDICIAL DISTRICT COURT OP THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK. o o 4UDDY VALLEY IRRIGATION COMPANY, a corporation, NEVADA LAND 5c LIVE STOCK COMPANY, a; corporation, SAMUEL H. WELLS, JOHN. F. PERKINS, arid ELLEN C. 5ERKINS, his Wife, Plaintiffs -vs-fOAPA & SALT LAKE PRODUCE COMPANY, a corporation, JEORGE BALDWIN, and A.LETHA L. BALDWIN, his Wife, [SAIAH COX, and ANNA M. COX, his Wife, JOSEPH 3EREINS, and KATHRYN PERKINS, LIVINGSTON and RICHARD SMITH, h0.i s S.W ifHeO,L MEDS., H. TULIA MAY KNOX, W. J. POWERS and MARY POWERS, lis Wife, SADIE GEORGE, LOS ANGELES & SALT LAKE RAILROAD COMPANY, a corporation, and WALKER D. 1INES, as Director General of RailrDoeafdesn.dants. ooooooooo ORDER 900000000 Upon reading the stipulation filed herein, this 23rd day of April, 1919, signed by all of the attorneys who have ap­peared herein in behalf of their respective clients, and in accordance with such stipulation! IT IS ORDERED that the above entitled action be, and the same hereby is, referred to the State Engineer of the State of Nevada for an adjudication of the water rights on the Muddy River, its head waters and tributaries in accordance with the provisions of Chapter 140 of the Statutes of Nevada of 1913, arm roved March 22nd, 1913, and all acts and parts of acts amend- atorv thereof. The said State Engineer, in making such adjudica­tion shall, as between the parties to this stipulation, ana in bdoeutnedr mbiyn,i nga ndt hegiivre reelfafteicvte tor,i ghtthse, taesr msb etawnede nc ontdhietmisoelnvse so,f bsea id stipulation and the division of the waters which said parties have made between themselves. IT IS FURTHER ORDERED that pending the final adjudica­tion of said Muddy River system and the entry of the Si nal decree In this action, the tempory injunction heretofore made and grant­ecdo rdhaenrceei n wsihtahl lt hbe e tdeermesm edo f tosa ibde, santdi puhlearteiboyn ,i s amnodd iefaicehd anidn aacl-l of the parties to this action shall be, and they hereby are, enjoin- and restrained from In any manner interferring with or Impairing anv and all rights given by said stipulation fa copy of which tish”3i, sh eroerduenrt)o atot taacnyh edo tahnedr wpharitcyh, shaanldl fbreo md eienm eadny tom abnen era violating any of the terms, conditions or agreements of this stipulati n or any part thereof L*iK~3‘3S2kK.« E'&’SUS/ttfAM. DUE IB OPES CODOT this 23rd day of April, 1919- “DWims»t riE.c t ORjRud g_e,_ '@C- || M'-* H H E 1 m./--: ? ? ? i IN THE TENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, 2 IN AND FOR THE COUNTY OF CLARK. 1 ooooo 1I'i 3 MUDDY VALLEY IRRIGATION COMPANY, I 4 A CORPORATION, NEVADA LAND & LIVE > STOCK COMPANY, A CORPORATION, SAMUEL [J H 5 CH.. WPEELRLKSI,N S,JOHN F. PERKINS AND ELLEN ) ; j 1 Plaintiffs ) I 7 -vs- ) MOAPA AND SALT LAKE PRODUCE COMPANY. ) S T I F U L A T I O N 8 a corporation, GEORGE BALDWIN AND ALETHA L. BALDWIN, HIS WIFE, ISAIAH ) 9 COX AND ANNIE M. COX, HIS WIFE, JOSEPH 10 DP.E RKH.I NSL IAVNIDN GSKTAOTNH RAYNND PERRIKCIHNASR,D SHMIIST HW,IFE, ) G. S. HOLMES AND JULIA MAY KNOX, W. J. ) 11 POWERS AND MARY POWERS, HIS WIFE, SADIE GEORGE, LOS ANGELES & SALT LAKE RAILWAY ) 12 COMPANY, a corporation, and WALKER D. HINES, as Director General of Railroads,) 13 Defendants ) 1 M 15 i The parties to the above entitled action, by their 16 respective attorneys, for the purpose of settling and deter- 17 mining as between themselves the issues in said action, do hereby 18 Ij ? stipulate and agree as follows; . 19 1. That the defendants in this paragraph named, their 20 I grantors and predecessors in interest, have diverted and appro- 1 i priated from the Muddy River, its head waters, sources of supply i 22 and tributaries, for use upon the lands herein described or re- 23 ferred to, and that said defendants are respectively entitled to I 24 25 divert to their said lands for use thereon, thd respective n amounts of water herein specified. 1 / 26 The defendants, George Baldwin and Aletha L. Baldwin, 27 his wife, for use on the lands described in their Amended and 28 Supplemental Answer, other than those described in their or- 29 iginal Answer, 16/70 of one cubic foot of water per second. 30 The defendant, Moapa and Salt Lake Produce Company, for j I 31 use on the lands described in its separate Answer, 2 and 15/70 32 feet of water per second. J fl ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 The defendants, D. H. Livingston and Richard Smith, for use upon the lands described in their separate Answer, 2 and 20/70 cubic feet of water per second. The defendants, Joseph Perkins and Kathryn Perkins, his wife, for use upon the lands described in their separate Answer, 30/70 of a cubic foot of water per second. The defendants, 0. S. Holmes and Julia May Knox, for use upon the lands described in their separate Answer, 1 and 25/70 of a cubic foot of water per second. The defendants, Isaiah Cox and Annie Cox, his wife, for use on ten acres of land described in their separate Answer, 10/70 of a cubic foot of water per second. Provided, that if the State Engineer in his adjudication shall find that because of the sit­uation of said land, and the small stream or small head of water diverted, or other causes, said defendants need more than said amount to properly irrigate said land, the said defendants shall be entitled to divert such amount of water as the State Engineer may find necessary for said purpose. The defendants, w. J. Powers and Mary Powers, his wife, for us® on the land described in their separate Answer, and for 2 and S/lO acres situate in the Iff- of the S1-J, and the NE|: of the SWf, of Section 27, Township 14 South, Range 65 East, 29/70 of a cubic foot of water per second. Provided, however, that If the State Engineer in his adjudication shall find that because of the situation and character of said lands, the length of the ditch, or other causes, said defendants need more than said amount to properly irrigate twenty-nine acres of said lands, being the j lands heretofore irrigated, said defendants shall be entitled to divert such amount of water as the State Engineer may find nec­essary for said purpose. The defendant, Sadie, George, for use on 2.1 acres of land situate In the west side of the SE| of the HE|, of Section 1, - 2- ' ! • I «|| mi 1 2 3 4 5 6 7 8 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 23 29 30 31 32 Township 15 South, Range 65 East, 21/700 of a cubic foot of water per second. The defendants, Los Angeles and Salt lake Railway Com­pany, and Walker D. Hines, as Director General of Railroads, are entitled to take from the Muddy River, by the pumping plant of said Railroad at Moapa, such amount of water as the State Engineer may find has by said Railroad Company been lawfully appropriated for any beneficial uses at Moapa. Subject, however, to contest by any party hereto and to an appeal from such finding and review thereof by the Court. The above volumes or amounts of water to which it is agreed the respective parties are entitled shall be understood to include and define the amount of all the waters now or heretofore rightfully used on said lands, whether diverted directly from said Muddy River, or from its tributaries, springs, head waters or othe sources of supply, including the waters claimed to have been devel oped heretofore by any of the said parties. All measurements of amounts diverted are to be made at the places of diversion, or as near thereto as practicable or convenient, as the State Engineer or Water Commissioner may select or approve. That the waters now and heretofore used by defendants, George Baldwin and Aletha L. Baldwin, his wife, upon the lands d@S' cribed in their original separate Answer, are waters which have been developed and appropriated by said defendants in the manner and by the means alleged in their said Answer, aid that such de­velopment and use has not and does not diminish the flow or volume of the Muddy River, or interfere with the rights of any of the other parties to this action. The said defendants Baldwin shall during the present (1919) irrigating seas on permit the plaintiffs, or any agent or agents of plaintiffs, to enter upon the said lands of said de­fendants and make measurements of the cultivated areas and of the r - 3- %. , 1 2 3 4 5 6 7 8 g 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 waters now developed or used thereon* The said defendants Baldwin shall not make any attempt to develop any additional water upon said land before October 1# 1919# and thereafter no further development of water, or additional use of water, shall be made on or for said lands which in any way diminishes the flew of the waters of the Muddy Biver, or impairs the rights therein or there­to of the other parties to this action* 3. The Indian Reservation, situated above Moapa, and the inhabitants thereof, are entitled to divert? from the waters of said Sfuddy Biver, and to use upon lands on said Reservation, 1.25 of a cubic foot of water per second, and no more, measured at plac< of diversion or such place as the State Engineer or Water Commiss­ioner may select. 4. That the plaintiff, Muddy Valley Irrigation Company, and the plaintiffs John P. Perkins and Ellen Q* Perkins, his wife, and their grantors and predecessors in interest, have diverted and appropriated from the Muddy River, its head waters, sources of supply and tributaries, for use on the lands hereinafter described or referred to, all of the waters flowing therein or therefrom, save and except the several amounts specified In paragraphs 1 and 3 hereof. The said plaintiffs Perkins are entitled to water for the irrigation of two acres of ground at or near St. Thomas, in the H3| of the Sl|> of Section 10, Township 17 South, Range 08 East, which water is diverted from the River and conveyed to their land by said Muddy Valley Irrigation Company. The said Muddy Valley Irrigation Company is and at the time of the commencement of this action was the legal owner of the rights to divert, convey and use all of said waters of said River, its head waters, sources of supply and tributaries, save and ex­cept the rights hereinbefore specified and described, and to divert said waters, convey and distribute the same to its present stockholders, and future stockholders, and other persons who may —4 — r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 have acquired or who may acquire temporary or permanent rights through said Company, for the various purposes described in the Complaint, and upon the lands situated as stated in the Complaint, and that its stockholders are the equitable owners of rights to us© said waters in accordance with its Articles and amended Articles of Incorporation, and its By laws, and the accepted uses and practices of said corporation. 5. That the parties named in paragraphs 1 and S of this Stipulation shall not be required to take or use the waters of said River in continuous flow, but may cumulate the same or any part thereof in rotation and in turn periods, with the approval of the Water Commissioner, and subject to his control and direc* tion, and under such rules and regulations as may be prescribed by the State Engineer and the statutes of the State of Nevada. The whole, amount of water diverted from the River at any one time by all the parties named in paragraph 1 shall not exceed in the aggregate the total of the amounts of water awarded to the several parties named in said paragraph 1. Below the lowest diversion of the defendants Holmes and Knox the flow in the stream shall be maintained substantially constant, subject to seasonal variations, but only in so far as the parties named in paragraph 1 can be held to be responsible for the fluctuations of said stream. The whole of said River system shall be under the supervision, rules and regulations of the State Engineer, and the firection and control of the Water Commissioner, to be appointed as hereinafter provided or as provided by law, as a fully adjudicated stream; but it is the intention hereof that so far as practicable the stream shall be treated as divided into two parts, that above and that below the lowest diversion on the jpanch now belonging to the defendants Holmes and Knox; and the Muddy Valley Irrigation company, although under the supervision and control of the State Engineer and Water Commissioner, will, -6- Ppjfcr h - ?" l subject to said supervision and general control, distribute and 2 control the distribution of the waters diverted and conveyed by I 3 its works to Its stockholders and other persons obtaining water i 4 by means thereof* Such head gates, measuring devices, etc., as 1 5 the State Engineer or Water Commissioner may order shall be in- n 6 stalled by all who divert or use the waters of said stream system. 7 6. The owners of land on the upper pt rt of said River, as 8 in the last paragraph defined, shall keep the channels through 9 their respective lands clear of all ordinary obstructions, but 10 in case of extraordinary obstruction, such as the formation of 11 lime beds or deposits, in the channel of the stream, the same ? 12 shall be removed under the direction of the water commissioner, 1 ? 13 and the expanse thereof paid as he or the State Engineer may 1 14 assess the same. L 15 7. All the water rights hereinbefore specified shall be J [ C D rH deemed and held to be vested rights, acquired by valid appropria- 17 tioii and beneficial use prior to March 1, 1905, and by continued, 18 uninterrupted tas® since said date, and shall be considered as 19 equal in rank, without one having any priority over any other. 20 This stipulation shall apply to and include what ever rights are 1 21 held or possessed by the Muddy Valley Irrigation Company under 22 the certificates of appropriation issued to the plaintiff, Nevada 1 23 Land and Live Stock Company, as set forth In paragraph twelve of 24 the Complaint herein. ; j H l 25 3, All abnormal losses from the flow of said stream shall ill 1 26 be pro rated and shared among the parties hereto. Abnormal loss® 3 I 27 shall include such as any substantial loss from the permanent 28 flow of the stream, caused by some cataclysm of nature, as a 29 cloud-burst, destroying or obstructing the channel thereof, or 30 as the opening up of a fissure in the bed of the stream, or in i <| I 31 one of the sources of supply, and the disappearance therein of 32 a substantial amount of the waters, thereby causing a substantial , -6- ; ___ ______________________ . , | | > , , j ,___________________________________________________________________________ ? , g 1 2 3 4 5 6 7 8 9 1 0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ' t. llmlnution In the flow available for appropriation by any of -he parties. Any diversion of water by the Indian Reservation, >.r the inhabitants thereof, In excess of the 1.25 cubic foot per fecond, specified in paragraph 3, or any award by the State Engineer to or for the lands of the Indian Reservation In excess if said 1.25 cubic foot per second, and any water in excess of luch amount, which in any suit or action may be awarded or decreed ,o or for the lands on said Indian Reservation, or any water whieh .n the final adjudication of this action or any other may be award ?d or decreed to any party not a part to this action, shall also 5e deemed an abnormal lose from the stream. If any such abnormal loss occurs at any time the pro rat£ share of such loss to be borne by each party shall b© as followss The defendants Baldwin and wife shall bear 16/3169 of su^ Loss. The defendant, Moapa and Salt Labe Produce Company, L56/3169 thereof. The defendants, Livingston and Smith, 160/3169 thereof. The defendants, Perkins and wife, 30/3169 thereof. The defendants, Holmes and Knox, 95/3169 thereof. The defendants, Cox and wife, 10/3169 thereof. The defendants, Powers and wife, 29/3169 thereof. The defendant, Sadie Georg®, 2/3169 thereof. And the plaintiff, Muddy Valley Irrigation Company, 2672/3169 of such loss. |i$ An Order may be entered by the Court referring this suit to the State Engineer for an adjudication of the water rights on the Muddy River, In accordance with the provision of Chapter 140 of the statutes of Nevada, of 1913, approved March 22, 1913, and all acts amendatory thereof. The Order shall direct that said state Engineer in making such adjudication shall as between the pi riles to this Stipulation, and in determining their relative ?7- I k. i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 m M rights as between themselves, be bound by and give effect to the waters which said parties have made between themselves. And the parties furfcfoer stipulate and agree that any final Decree entered herein shall ,i>in determining the relative rights of the parties hereto, follow and give effect to the terms and conditions of this stipulation. 10. Pending the final adjudication of said River, and final Decree in this action, and the legal organization of a water District, embracing the toddy River Valley, and the legal appointment of a Water Commissioner therefor, the parties them­selves shall select and employ a Water Commissioner to act under the terms of this Stipulation, subject to the supervision fif the State engineer, and such rules and regulations as he may prescribe not Inconsistent with this Stipulation. Said Water Commissioner shall be selected by a representative of the Muddy Valley Irri­gation Company and a representative chosen by a majority in interest of the defendants, and if such representatives cannot agree then the State Engineer shall have the selection and appoint meat of the Water Commissioner. The salary and expenses of such Water Commissioner shall be borne by the pahties hereto in the same ppoporticn as fixed in paragraph eight hereof for the sharing of losses. The representatives of the respective parties who are to select the Water Commissioner shall agree on the times and manner and person through whom each party shall pay his share of such salary and expenses, and such agreement shall be binding on each party and become a 3s gal obligation. 11, An Order shall also be entered, binding on all of the parties hereto, modifying the terras of the temporary Injunction heretofore made and granted, in accordance with the terms of this Stipulation, so that during the pendency of this action and until the final adjudication and final Decree each party shall bej enjoined from Interfering with or impairing any right given by - 8- ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 on this Stipulation to ahy other party and from violating any of the terms and conditions and agreements of this Stipulation, or any part thereof. 12. Sach party shall pay its or his own costs in this action, hut the costs and expenses of the adjudication of the State Engineer, including any surveys or maps made by him, shall he borne by the respective parties, in accordance with the statutes of this State. But in determining the water right and acreage against which such expense shall be assessed the numer­a t o r s ^ the fractions in paragraph eight shall fes between these parties be deemed to be the number of acres to be irrigated by the respective parties. DATED this 23rd day of April, A* D., 1919. A. S. Henderson Brown & Belford ittornays for riaintffs F. E. MeHamee, and At torneys for all defendants» i-'i i l t d 1 except, Powers ?owers and Mary "Attorns ysTYb r~ ’defehda nts, ?. j. .Powers and Mary Powers. FILED April 23rd., 1919. Harley A. Harmon, Clerk-f