upr000289 5

%— ' S i1 S f 111 users o f water upon the stream a.rtfes. wherein the h ----E swtlosiu ld be bro££u£&g!ht in n%’Mi< , 1 _ __ ___ •a rtles, wherein the stockholders would be represented l> y th e ~ Comp'anyT ^ Sr ^ r ,? S t l®n+aJ:i riGhts uP°n the e n tir e stream would be adjudicated by ^ + i^ UL the exPense o f such proceedure would be extrem ely heavy o the stockholders, and i t is d esirea b le that th is be avoided i f p ossib l 1i+, Fr°® the fo r e £?ing i t is c le a r ly apparent, however, th at the probab-l i t i e s o f our keeping out o f the Case is very remote, th erefo re the nec- ^Sf,ry + 0;y ,g e ttin g the Company's a f f a ir s in shape, as ra p id ly as p o s s ib le, o that when the occasion a ris e s fo r i t to en ter court in defense o f i t s vexat io u s ^ e la y 1 SjS WiX1 be f u l l y Pr e Pared to do so without fu rth er and _ ^ou ace P®rhaPs aware that, years age an e ffo rt was made by the land the t i t l e to a l l water aptp0e rvteasint ining athned Mbeuldodny gVinagl lstyo tIhr rei glaant ido ns itCuoamtpeany, ? W /k f. M thG Moapa V a lle y * One o f the reasons fo r so doing ' , a * stockholders would be in a b e tte r p o s itio n to pro-wh? nh 5? p£eserve th o ir rig h ts from wrongful a tta ck s, such as the presexot foreseen would occur. But upon examination o f the Company's deeds m^ny o f them are found to be im perfect ans incom plete, th erefo re ? a ttorn eys advise the D ire c to rs , i t is not only advisable but a b solu tely necessary, each stockholder o f the Company, who is a land + low er vf l l e y> make and execute a new deed, conveying to the Ir r ig a t io n Company a l l fjf h is r ig h t t i t l e and in te r e s t in ans to the ijB S B M H ' watGrs the Muddy ^ iv e r ans i t s tr ib u ta r ie s that is apper- ^ns ^belonging to h is 1 and in said low er v a lle y , thereby making s . t lt lG to the water complete and up to date, otherwise i t " f a l f + , 1 in . a P °s l t l ?n t0 defend the r ig h ts ' M i t s stockholders, i t would not be perm itted to go in to court and complain ? o f the i i W W M ™ t 2r B 1 1 P l a i n t i f f s in the present eases unless i t f ° uld show that such use in te r fe r e d w ith i t s own r ig h ts . Therefore the . iis^ vvees^teedd ^m/ ti tt,1 1o1th1e rtwo isseh oiy;t+ lwno ucloda rbte tnhoant stuhiete dle, gaanld tuipt ol en tthoe thhaep pweant-er Gf such an event every stockholder would be l e f t to defend h is own case, employ h is own a ttorn ey, ans supply h is own w itn esses, a burden that would p r a c t ic a lly bankrupt a m ajority o f the farmers in the Valle^r; . even with every one united and the Company making the fig h t fo r a l l , the cost w i l l be a l l that the m ajority o f the stockholders w i l l f e e l that they can a ffo r d , and w i l l be a lto g e th e r too burdensome# That you may understand the so rt o f fig h t the Company w i l l have to make i f i t w ith i t s stockholders are c a lle d , or compelled to go in to court I w i l l say your attorn eys advise your D irecto rs th a t, i t w i l l be necessary to have the various w itn esses, who c o lle c t iv e ly are fa m ilia r w ith a l l o f it the fa c ts in the case, measure up and g et the d e sc rip tio n o f each and ev­ery p iece o f c u ltiv a te d and ir r ig a t e d land in the lower v a lle y , then when they are c a lle d to the w itness stand, they w i l l have to t e s t if y as to the d e sc rip to in gji, each said piece o f land, the canal thru which the water + ased\uP °n H is conveyed, the time when the water was f i r s t appropri­ated ana. uSed upon said land, or as nearly so as they are able to do, the years during which the water has since been used upon i t down .to and in clu din g the presen t, by th is testimony the Company w ill prove the e x te ­nt to which each p iece o f c u ltiv a te d ground is e n t it le d to the waters o f the stream.