Bergman v. Kearney
District Court, D. Nevada
In Equity. Suit by W. C. Bergman, H. B. Alfree, and John G. Taylor, Incorporated, against W. M. Kearney, as State Engineer. On final hearing. This is a suit brought by plaintiffs, for themselves and in behalf of other appropriators of water from the Humboldt river system, whose rights thereto were acquired prior to the approval of the present water law of Nevada.
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In Equity. Suit by W. C. Bergman, H. B. Alfree, and John G. Taylor, Incorporated, against W. M. Kearney, as State Engineer. On final hearing. This is a suit brought by plaintiffs, for themselves and in behalf of other appropriators of water from the Humboldt river system, whose rights thereto were acquired prior to the approval of the present water law of Nevada. The purpose of the suit is to procure a permanent injunction, restraining defendant as state engineer of Nevada, from proceeding to hear or determine any of the rights or appropriations of plaintiffs, or of any other claimant in and…
1Opinion of the CourtFarrington, District Judge
(after stating the facts as above). Plaintiffs- take the position that they are possessed of certain property rights in the waters of Plumboldt river, which were perfected prior to the passage of the Nevada Water Law of 1913, and prior to 1902, when the office of state engineer was created; that there never has been any general adjudication of the rights, or relative rights, of plaintiffs, or other apprópriators, to the waters of that stream; consequently the proposed determination by defendant, being an exercise of something more than administrative authority, will impair plaintiffs’ vested…
2Cases cited42 opinions
- Muskrat v. United StatesSupreme Court of the United States · 1911
- Holden v. HardySupreme Court of the United States · 1898
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Hayburn's CaseSupreme Court of the United States · 1792
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
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3Cited by24 opinions
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- Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1925
- Colwell v. StateNevada Supreme Court · 1996
- Vineyard Land & Stock Co. v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of ElkoNevada Supreme Court · 1918
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