Ophir Silver Mining Co. v. Carpenter
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. • This was an action against C. Carpenter, F. Birdsall, and P. H. Clayton, the nature and facts of which are stated in the opinion. I. The doctrine of the Courts of California in relation to water rights has been sanctioned by this Court. (Lobdell v. Simpson Hall, 2 Nev. 277.) ’ The following principles have been settled: First — Water rights have been secured by prior appropriation.
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Appeal from the District Court of the First Judicial District, Storey County. • This was an action against C. Carpenter, F. Birdsall, and P. H. Clayton, the nature and facts of which are stated in the opinion. I. The doctrine of the Courts of California in relation to water rights has been sanctioned by this Court. (Lobdell v. Simpson Hall, 2 Nev. 277.) ’ The following principles have been settled: First — Water rights have been secured by prior appropriation. Second — Appropriation consists in talcing actual possession. It cannot be constructive or rest in intention. (6 Cal. 108; 7 Cal. 262…
1Opinion of the Court
By the Court,
Lewis, C. J.
This action is founded upon an alleged unlawful diversion of water, whereby it is claimed the plaintiff was damaged in the sum of three thousand dollars, for which judgment is asked against the defendants. An injunction is also prayed for to restrain any future diversion.
*542The defendants claim tbe right to divert the full quantity of water taken by them, by reason of an appropriation prior in point of time to any claim or appropriation by the plaintiff. And thus this controversy may be determined upon its merits by the resolution of the question which of the parties…
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- Vansickle v. HainesNevada Supreme Court · 1872
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