Nevada Supreme Court April 15, 1882, No. 1103 (Chiatovich v. Davis)

lead-opinion

By the Court,

Belknap, J.:

This action is brought for the purpose of restraining defendant from using the waters of Indian creek, and recovering damages for an alleged unlawful diversion thereof. ■ The parties to the suit are engaged in the cultivation of land in the valley through which the creek runs. Their rights to the use of the waters are based upon appropriation.