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IN RE DETERMINATION OF RELATIVE RIGHTS, ETC.

No. 4386.

364 P.2d 1069 (1961)

In the Matter of the DETERMINATION OF THE RELATIVE RIGHTS IN AND TO THE WATERS OF FRANKTOWN CREEK and its Tributaries in WASHOE COUNTY, State of Nevada. FRANKTOWN CREEK IRRIGATION COMPANY, Inc., Appellant, v. MARLETTE LAKE COMPANY, a Nevada Corporation, and State Engineer of the State of Nevada, Respondents.

Supreme Court of Nevada.

September 27, 1961.

Attorney(s) appearing for the Case

John S. Halley, M.A. Diskin, Reno, for appellant.

Vargas, Dillon & Bartlett, Reno, Roger D. Foley, Atty. Gen., L. William Paul, Deputy Atty. Gen., Carson City, for respondents.

THOMPSON, Justice.

Throughout this opinion Marlette Lake Company will be referred to as Marlette, and Franktown Creek Irrigation Company, Inc., as Franktown.

Marlette owns a water distribution system by which water is supplied for domestic, industrial, commercial and municipal purposes to the general area comprising Virginia City, Gold Hill, Silver City and Carson City. Franktown is a private corporation through which its shareholders manage their interests...

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