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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. 20121 Kings 8:28 -- But please listen to my prayer and my request, because I am your servant. 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. 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. 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.
There was also an entirely different type of early settler, usually of foreign birth and more often, Italian.
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.
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. 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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