07/20/1921

  

UCCSN Board of Regents' Meeting Minutes
July 20-21, 1921
 



07-20-1921
Volume OE - Pages 294-296

                         Reno, Nevada
                        July 20, 1921

The Regents met in the Office of the President at 10 o'clock on
Wednesday July 20, 1921.  All members of the Board, Vice Presi-
dent Lewers and Comptroller Gorman were present.

On motion of Regent Pratt, List No. 7, covering Regents Checks
Nos. 1055 to 1057 inclusive, for the net sum of $1,843.03, and
List No. 10, State Claims Nos. 84 to 86 inclusive, for the net
sum of $480.75, were approved by the following vote:

    Mrs. Hood            Aye
    Judge Talbot         Aye
    Mr. North            Aye
    Judge Curler         Aye
    Mr. Pratt            Aye

Mr. Pratt moved the ratification of the signing by Judge Curler
for the Board of Regents of application for industrial track
from the Western Pacific Railroad to a point on the University
Campus as submitted by the Western Pacific Railroad on their
regular standard printing application form, said signatures
affixed July 11, 1921.  Vote:

    Mrs. Hood            Aye
    Judge Talbot         Aye
    Mr. North            Aye
    Mr. Pratt            Aye

After some discussion regarding the purchase of oil storage
tank for the University, as the Western Pipe and Steel Company
of Los Angeles had notified Mr. Gorman that he had misunder-
stood their quotations as submitted to the Board at its meeting
of June 30th, Mr. North moved that Mr. Gorman and Mr. Pratt be
authorized and directed to look into the matter of obtaining a
second-hand tank from the Hercules Powder Company and to report
their findings at the next meeting of the Board.  Vote:

    Mrs. Hood            Aye
    Judge Talbot         Aye
    Mr. North            Aye
    Judge Curler         Aye

Mr. Gorman reported that two University checks sent firms out
of town are still outstanding and have apparently been lost in
the mails.  Regent Pratt moved that Comptroller Gorman be
authorized to stop payment on Check No. 11370, April 12, 1921,
to Western Laboratories for $172.80, and on check to Eimer and
Amend for $12.75, issued December 20, 1920, and to issue
duplicate checks in their stead.  Vote:

    Mrs. Hood            Aye
    Mr. Pratt            Aye
    Judge Talbot         Aye
    Mr. North            Aye
    Judge Curler         Aye

In order that the Instructors in the Summer School might have
their pay checks at the end of the session, Comptroller Gorman
asked that the Regents might meet on Friday, July 29th.  The
Secretary was instructed to call the meeting at that time.

Comptroller Gorman reported that the auditor for the Hatch and
Adams funds had already made his audit and that the auditor for
the Smith-Lever funds was soon to come.

Judge Curler stated that Carl Wheeler had come to him and said
that the University Farm was apt to be short of water as a re-
sult of the sale of shares of stock in the South Side Irriga-
tion Canal Company by Professor F. W. Wilson, the Secretary of
the S. S. Canal Company, to Miss Frances Frey and Mr. Compton.
The claim is made that there are 120 shares of stock, each share
representing one inch of water, and that the Ditch will carry
but 1100 inches; that Government action looks to the reduction
of the water claims of all irrigation ditches allotting only
what is necessary actually to irrigate the land.  Mr. Wheeler
stated to Judge Curler that shares of stock in this Company en-
titled the owner merely to a right of way and that the title to
the water is acquired by appropriation to each individual and
that by virtue of the Nixon Estate not having used water for
over 4 years their right to the water from the river was dead
and that all that they had was the right to carriage and that
Miss Frances Frey and Mr. Compton, when they bought the shares
that Professor Wilson secured for them from the Nixon Estate,
bought nothing except the right to carry water, because the
right to any water from the river through this ditch had been
lost by the statutes of limitation and the right to the water
properly acquired by other users.  The contention was that it
was up to us; that the water used by Miss Frey and Mr. Compton
would come from the University water rights.

When the Government was adjudicating water rights, these people
who were using water from the South Side Irrigating Canal Com-
pany's ditch asked the Secretary of the Company, Professor F.
W. Wilson of the University, if he could not secure them some
stock.  He was able to secure from the Nixon Estate for $7.50
per share certain stock which he sold to the purchasers at $50
a share.

Professor Wilson is the Head of the Department of Agriculture
of the University of Nevada.

This Department is maintained by the people of the State that
the farmers may receive help in their farm problems.

Legally the South Side Canal is but a carrier and not an owner
of water; Professor Wilson has sold to citizens of the State of
Nevada for $50 a share the right to carry water.

Carl Wheeler states that Mr. Frey, through whom Miss Frey claims
title to her land, entered into contract with his father to
trade Mr. Wheeler 20 inches of water out of the Holcomb Ditch
for 20 inches from the South Side Ditch, but that Mr. Frey sub-
sequently did not cease to use the 20 inches, but continued to
use the Holcomb Ditch and would not deliver this quantity of
water in the Holcomb Ditch to Mr. Wheeler and that he did re-
linquish the 20 inches in the South Side Irrigating Ditch but
the relinquishment is not on record.

Mr. Hancock, Foreman of the University Farm, was called before
the Board.  Later, Professor Wilson was called.  Discussion
with these men brought out the following facts:

The University should receive at the beginning of its land 210
inches of water, 200 inches for the University Farm and 10 inches
for Mr. Fife, who is the last owner on the ditch and whose land
adjoins the University Farm.

There is no present shortage of water on the University Farm but
for a week there was a shortage of 75 inches.  A shortage is
apt to occur early in the season and then immediately after
the first crop is harvested.  There is plenty of water for all
users if all take just what they are entitled to, provided there
is any water in the river.

Mr. Hancock had been at the Farm nearly 6 years and in response
to questions stated that the Freys and Mr. Compton had been
using water from the South Side Irrigating Canal Company for
all this time though they had no stock until the sale by Profes-
sor Wilson.  During these years there had been no water shortage
at the Farm, even though the University Farm is the last, but
one, user of water from the S. S. Ditch.  Mr. Frey traded 45
inches to Mr. Wheeler in exchange for 45 inches from the Hol-
comb Ditch and admitted that he had used as high as 100 inches
from the S. S. Ditch and had failed to return to Wheeler the
45 inches from the Holcomb Ditch.

Don Wheeler, Jack Frey, Professor Wison and Mr. Hancock had
talked over the question of rights in the ditch and Don said
the Wheelers at present were entitled to but 136 inches as
against the University's 210 inches, 10 of which were to be
delivered to Mr. Fife.  This agreement of Don's was not put
in writing nor acted upon by the Wheeler Company.  In addition
to this 136 inches which the Wheelers are entitled to from the
South Side Ditch, they should have on trade the following amounts
- 20 inches from Beroli, 45 inches from Hanson, 30 inches from
Ferretti and 40 inches from Frey.  Frey is supposed to take 20
inches from the South Side Ditch and Compton 10 inches.  Compton
has no other water.  He irrigates 95 acres of land.  The Holcomb
Ditch is the higher, then the South Side Ditch and the Lake
ditches which run parallel and at about the same level.

According to memorandum by Professor Wilson, the D. C. Wheeler
Company, Inc. holds 233 shares of water stock.  There are 2 1/2
shares in addition in the name of Carl S. Wheeler, 2 1/2 in the
name of Guy Walts and 5 in the name of Donald Wheeler.  What
proportion of this is secured by trading he was not certain.

Professor Wilson stated that the Wheeler Company had not paid
its assessments in the S. S. Ditch and he had been urging them
to do so.  That Wheeler's statement that the ditch would carry
but 1100 inches was not so; that the Government measurements had
shown that it could carry 1500 inches; there is ample water at
the head of the Mc Farland flume to the end of the ditch.  Uncle
Dan Wheeler distributed the water in the ditch the way he chose,
according to statement of Don Wheeler to Professor Wilson.  Pro-
fessor Wilson has been in charge of the University Farm since
1915 and has frequently tried to regulate the use of water by
individuals under the South Side Ditch by adjusting their head-
gates.  This method had not been attended with any particular
success.

Carl Wheeler told Judge Curler that they were entitled to 278
inches of water.  It seems that this is somewhat higher than
shown by the figures submitted.

After some further discussion of the matter, the meeting ad-
journed.

Carolyn M. Beckwith
Secretary