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The Walsh Family of Bantry Bay - The Reese River Water DisputesWe will try to give you an understanding of the conflict from the point of view of the Walsh Family, via the notes of Patrick Walsh Jr., since we cannot speak for the others involved in this case. This entry was posted in Design, House, Projects and tagged 2x4, 2x6, 4x4, base, concrete, custom, design, exterior, fabrication, footings, shed, wood. Ideal for overspill car parks, raodways, pathways, farm gateways, driveways plus many more.A suitable sub base should be in place for heavy loads such as cars. You must have JavaScript enabled in your browser to utilize the functionality of this website. It is essential that all garden buildings are assembled on a firm and level base constructed from an appropriate and durable material. When deciding where to place your garden building, you need to take a few things into consideration. Firstly, please remember not to place the base too close to any walls or fences as there may be a slight overhang on the roof of the garden building. Furthermore, when deciding the optimum location for your base and garden building please consider access – for example access around each side of the garden building in order to apply wood treatments or preservative. The guide below will help you to prepare and complete a base for your garden building using the suitable material of your choice. Within the excavated area, lay approximately 3” (75mm) of firmly compacted hardcore, scalping or brick rubble to act as a sound foundation and level with compacted sand if appropriate. By measuring, cutting and fitting timber rails or steel shuttering to the shape of the base, board up the base as portrayed in the diagram.
Spread the concrete evenly in the shuttering, taking particular care to push the concrete into the corners and edges.
Within the excavated area, lay approximately 1.5" (40mm) mix of one part cement to eight parts building sand. Brush off any excess sand and cement mix - the base is now ready for you to begin assembly of your garden building.
Metal Sheds and plastic Sheds will only suffer from condensation when dampness is present in the foundations.
All steel and plastic sheds must be anchored to a firm foundation to protect against wind damage. The concrete slab base should be a few inches larger than the base rail size of the shed, e.g.
The foundation should contain a damp-proof membrane which should be inserted into the base at least 2" higher than the surrounding land area.
After bolting down the shed to the concrete or slabs, apply mastic sealant to the inside of the shed base rails not the outside.
Step 1: Decide where to position the building in an optimal space, allow enough distance from hedges or fences for easy access to all sides.
Step 5: (If you have ordered a foundation kit) Construct the foundation kit (if not already built) and lay it into your working area. Step 6: If you have a foundation kit, construct the building before commencing with this stage) Mix the concrete (not supplied) using one part cement to five ballast or use bags of dry-mixed concrete to which you just add water. Detach the shed from its base and construct a timber floor on raised bearers, dimensions to be a few inches larger than the base measurements of the shed. Clean off the underside of the roof panels with methylated sprits and ensure the panels are dry. Metal, or single walled vinyl clad sheds will suffer from condensation where dampness is present. This situation is similar to condensation forming in any enclosed, unheated, and insufficiently ventilated space. As these types of sheds are of the self-assembly type, and normally supplied WITHOUT a floor, it is particularly important to ensure that the product is assembled correctly. The concrete, or slab base, should only be marginally larger than the base rails of the shed, i.e.
The concrete, or slab base, should contain a damp-proof membrane (sized to the entire surface area the shed will occupy).
After securing the shed to the slab, or concrete base, apply a Silicone sealant to the inside of the shed’s base rails (NOT the outside). Obtain the cheapest polystyrene tiles available from say B & Q, Homebase, Wickes with the view to applying them to the entire roof area.
Thoroughly clean off the underside of the roof panels with methylated spirits and ensure that the panels are dry. All transactions with Shed Baron are safe, secure and insured so you can order with peace of mind. Start of Pat Jr.'s notes In order to give a more complete picture of the early use of water in the large valleys of Nevada, I will go back to the days of the earliest settlers.
Please feel free to download, use, and modify for your own application – you will need Adobe Illustrator CS5 or above. Secondly, placing the base next to trees or large bushes could also cause problems from overhanging branches especially if these are likely to grow and come into contact with the building in the future. Try to visualise what the garden building will look like in the position selected – you may not want to carry large or heavy objects right down to the end of your garden. Arguably the best method to lay the concrete is to do it a layer at a time and compact it until the shuttering frame is full.


Please note however that the concrete must not be allowed to dry out too quickly and so spraying it with water may be necessary, particularly in warm and dry weather conditions. The surface of the paving slabs should be slightly higher than the surrounding ground to encourage rain water drainage.
Level this mix - you may wish to use a rake and a spirit level to aid with the levelling process.
These should be equally spaced at intervals of approx 400-600mm ensuring they are to run perpendicular to any floor joists which already come built in to your garden building. The air inside the shed is always slightly warmer than outside and therefore, any moisture in the foundation base will rise until it touches the cold roof panels. This prevents water drainage from the immediate surrounding soil running onto the base surface.
If this is not done, the water drying up from the concrete will provide amble moisture content to set up a condensation cycle.
This is to preserve the drainage capability of the channels whilst preventing water seepage under the rails and into the shed interior. Small amounts of water should be added at a time and mixed into the concrete mix to ensure excessive amounts are added making the cement sloppy, as the concrete should be kept on the dry side.
In warm weather cover the base with damp sacks and sprinkle them with water over the 24-hour period, this will ensure the drying concrete will not shrink or crack.The result is a smooth, sound, level base.
Fix the shed to the surface of the floor with wood screws and mastic seal the inside of the shed base rails. Obtain the cheapest polystyrene tiles and glue them to the underside of the roof using the specialists spray glue made by 3M Company, Product No. This should be inserted below the flags, or 2” below the surface of the concrete slab.
If this is not done, the water drying up from the concrete plinth will provide ample moisture to set up a condensation cycle. Apply the polystyrene roof tiles following the 3M instructions supplied with this specific 3M product – this work is best carried out on a warm, dry day. These people when first coming to this country found vast expances of land that were level or nearly level, and invariably were to be found on a stream system that as a matter of course overflowed it's banks or spread where the natural channels leveled out on flat land. Assembling a garden building on an incorrect base is also likely to invalidate any guarantee that your product may carry. You may also want to consider where the building is most likely to receive natural light or a have nice view, especially for buildings such summerhouses or log cabins.
Leave the concrete flush with the top of the framework and smooth it out using either a wooden or plastic float.
If it is to be level excavate the top earth to 6 inch (15cm) to allow for the hardcore layer and the 3 inch (7.5cm) thickness of concrete. Any moisture in the foundation, or seepage from the outside will rise until it hits the cold roof and wall panels.
Make sure that the surface of the slab, or concrete foundation, is some 2” above adjoining soil levels. This insulation will obviously NOT remove the moisture from the atmosphere inside the shed, but will prevent it condensating due to its obvious insulation properties. These natural meadows were very valuable to the stockman and farmer since they not only provided hay to stack for winter feed but also supplied a great deal of pasture that was good at any time of year, providing it was not covered with snow. Once the garden building has been assembled, please check overhanging foliage regularly as any rubbing on the roofing felt may lead to your garden building becoming susceptible to rain and extreme weather conditions.
Finally, if you intend to fit an electricity or water supply to your garden building, you may need to consider where would be most appropriate to cater for this (i.e. This condensation cycle is difficult to stop so it is important to prevent dampness at the outset.
This can be levelled off to the top of the foundation kit frame with a long straight edge of timber resting on the edges of the foundation kit or top of the formwork using a sawing motion slowly (as shown below) over the entire surface of the freshly laid concrete. This glue is made specifically for bonding polystyrene to metal and is not adversely affected by heat or cold. There was also an entirely different type of early settler, usually of foreign birth and more often, Italian.
The building itself, no matter how expensive, will not prevent condensation occurring, particularly in the colder months. People who were accustomed to small plots of land or garden spots in their native land and in coming to this country, as a usual thing, sought out small plots of land in more sheltered places such as in the canyons of the great mountain ranges of the west and at places where the mountain streams were more constant over the entire summer period. It is important to protect your building from moisture from the ground as well as the sky!! These truck farmers, or raisers of garden produce did not to any great extent reduce the normal flow of mountain streams, but from the produce they raised and sold to the mining camps, they obtained a comfortable living and in most cases were able to build up a substantial savings account.The foregoing paragraph is, I am sure a concise statement of facts regarding the situation that once existed throughout the most of the new west. This action does not remove the moisture from the atmosphere but prevents it condensing due to its insulation properties. As was previously stated in this story, my father had acquired through purchase, a considerable area of natural meadow land and this was during normal years, sufficiently irrigated from the stream system called the Reese River.
Ordinarily, this river flowed a considerable volume of water during the spring months of the year.This water accumulating from a vast water shed of great area and consisting of many mountain canyons of comparatively high elevation. During years following winters of normal precipitation in the form of snow, the waters of Reese River were fully ample to supply the needs of what was then a limited number of settlers, such was the situation during the period of time preceeding the hard winter of 1890, and for a few years following it.As time went on, new settlers acquired lands above the holdings of my father, the land they possessed was very rich soil and especially adapted to the raising of alfalfa and hardy grains.


As a consequence of this new cultivation and the appropriation of water from the rivers and mountain creeks to irrigate the new farm lands, the old holdings such as the natural meadows gradually began to dry up.This state of affairs continued to get worse, as the new settlers from year to year put more land into cultivation and thereby absorbing more water.
The contestants held the empty sacks and the attorneys representing the clients were considerably enrichened by the whole procedure.
Later settlers physically diverted the waters of the Reese to irrigate their lands, and in doing so reduced the amount of waters accessible to ranches & farms down stream. This set up the conflict between residents of the Reese River Valley.The words below are the legal reasons that set in motion the reversal of a lower court case decision in favor of Patrick Walsh. Wallace ( daniel tuttle wallace )  " For the reasons given, the order denying the motion for a new trial will be reversed, and the cause remanded for further action in accordance herewith "Walsh  v. Laws, 3292), after the filing of the notice of intention, was not changed by the stipulation, and therefore, the statement not having been filed within five days after filing and serving the notice of intention, it should be disregarded and stricken out.It is a general rule that stipulations between parties should receive a fair and liberal construction, in harmony with the apparent intention of the parties and the spirit of justice, and in the furtherance of fair trials upon the merits, rather than a narrow and technical one, calculated to defeat the purposes of their execution, and, in all cases of doubt, that construction should be adopted which is favorable to the party in whose favor it is made. 657, et seq.)Under this rule it is clear to us that the construction contended for by respondents is too narrow and technical. The appellants were not bound to perform any one or all of the acts covered by the stipulation at any specified time.
They could, we believe, under a liberal construction in the order named, perform any or all of the acts at any date within the time limited. To hold as contended by respondents would, it seems to us, necessitate the interpolation of language not found in the stipulation; and, if such had been the intention of the parties, it was useless and absurd to have included in the stipulation any matter relating to the time of filing and serving the statement on motion for a new trial.
The intention of the parties, manifest from the language used, was that the stipulation should stand in lieu of the provisions of the statute regulating these matters.The case of State v. Maestretti and his predecessors in interest were, and had been since said date, the owners and in the possession of certain tracts of land containing 800 acres; that the respondent Mrs. A motion for a new trial was interposed and denied, and this appeal is taken from the order denying the motion.The court found, among other matters, that Reese river had from time immemorial, and until the diversions by appellants, flowed over, through, and across the lands of respondents; that on the 15th day of March, 1863, the respondents and their predecessors in interest had appropriated and used the waters of Reese river ?in sufficient quantity? The court did not find the quantity of water appropriated by any or all of the respondents, or that respondents had appropriated all the waters of the river. The respondents' lands lie along or upon the East and West Forks of the river, and the lands of the appellants are several miles south and above the lands of respondents, and along the channel of the river above and near where it divides into two forks.The appellants and their predecessors in interest settled upon the lands mentioned in their complaint in 1862 and 1863.
The predecessors in interest of some of the respondents settled on lands along the river a little later, but about the same time that the lands of appellants were settled. The settlers upon the lands claimed by respondents had their several holdings surveyed, marked the boundaries thereof, and protected the same to some extent by making so-called ditch fences.The ditches thus made were not for the purpose of irrigation, and were not so used for many years after and until other rights of both respondents and appellants had been acquired to the waters. The settlers upon respondents' land found wild grasses growing thereon at the time of their settlement, suitable for hay and grazing, and cut and grazed the same for a number of years. Up to 1869 whatever hay and grass grew upon these lands was produced by the natural overflow of the waters of Reese river, and waters flowing from springs upon part of the holdings.No attempt was made to divert any of the waters of Reese river for the purpose of irrigation until 1869, when the ditch marked on respondents' map by the figures 1, 2, and 3, taken from the so-called West Fork, above the lands now held by Ryan and Maestretti, was commenced.
This ditch was not completed until many years after its commencement, and it appears from the evidence that no water has run through a part of this ditch since 1891.As to the Walsh lands, it appears from the testimony of the respondent, Walsh, that no diversions were either made or attempted until 1870, and that the diversions made for the purposes of irrigating his lands cover the period from 1870 to 1884. Wallace, the former owner of this tract, after he and Bircham had divided their holdings, in 1869, constructed two dams and turned water onto his meadow land, but it is uncertain whether this water had its source in the river or in certain springs.
Wallace purchased the so-called McQuitty place, above respondents' lands, in 1870, and by means of dams and ditches diverted water for irrigation. Whether these dams and ditches had been made and so used before his purchase of the land is uncertain.In 1873 Wallace located another ranch higher up on the river, and started to construct a ditch for the purpose of irrigating this ranch. In 1877 he transferred his diversion of water, under the advice of counsel, from the McQuitty place to his upper ranch, as it appears that the amount of water used on the McQuitty ranch would irrigate much more land upon the upper ranch.Fred Ahlers, whose administrator is one of the appellants, settled upon Reese river in 1864, and commenced farming that year. He made diversions of the water of the river for the purpose of irrigation, but the dates of such diversions and the amounts of water so diverted are not shown by the testimony. McMahon started farming on Reese river in 1864, and that year put under cultivation eight acres, but the dates and amounts of diversions made by him are not shown by the testimony.The above facts are sufficient, as above stated, to illustrate the question considered and determined by this court, and furnish a sufficient basis for its conclusion. It is well to note here that the record does not disclose the quantity of water diverted at any time, by any means, by any one or all of the parties to this action. Neither does it show the quantity sufficient or necessary to irrigate the lands, or any part of the lands, of respondents, as found by the court.
Their rights were not initiated by settlement upon the land, by having the same surveyed, or by marking the boundaries thereof.
No actual diversion was made on that date, or attempted on that date, and for a period of several years after, as appears from the facts stated. Cutting wild grass produced by the overflow of the river, or, as expressed by the witnesses, by the water of Reese river coming down and spreading over the land, was not an appropriation of that water, within the meaning of that term.Neither was the grazing of the land an appropriation of the water, under the facts. Other diversion made by himself and Crowley after his purchase of Crowley's rights, if he purchased those rights, were made at intervals from 1870 to 1884.As early as 1870 the appellant D.
It did not determine all the rights of either of the respondents, or any of the rights of the appellants. It left undetermined the quantity of water sufficient to irrigate respondents' lands, and to that extent it left undetermined respondents' rights, and thereby all the rights of the appellants. Wallace ) had won the court case, sold his holdings to Patrick Walsh after finding that the Walsh land was better than his for ranching.   After Reese River, Dan Wallace moved to ranch near Bishop, California.
21, 1917 in Bishop and is buried in the West Line Cemetery in Bishop " The Wallace FamilyLeft to Rightdella - daughter, george - son, emma - wife, daniel - husband, arthur - son, emma - daughter--------------------------Damiel had a younger brother ( John ) who ran a Livery Stable in Austin, Nev.



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