Ophir Silver Mining Co. v. Carpenter
Nevada Supreme Court
4 Nev. 534 (1869)
- Written by Colette Routel, JD
Facts
Ophir Silver Mining Co. (Ophir) (plaintiff) and Carpenter (defendant) purchased water rights from predecessors. Ophir’s claim derived from a person who began constructing a water diversion in 1859 and completed that diversion in 1860. Carpenter’s claim derived from Rose, who started constructing his diversion earlier—in 1858—but completed most of the project later, in 1865. Ophir sued Carpenter, arguing that except for a small amount of water Rose appropriated in 1859, Ophir’s water rights were senior to Carpenter’s. Carpenter countered that his water rights were senior because the relation-back doctrine applied, meaning a priority date for water rights was based on the date the person began working on the diversion, not the date it was completed, so long as the person continued to diligently pursue the project. Ophir conceded that the relation-back doctrine was good law but claimed that there were long periods of time when neither Rose nor his employees performed any work on the project due to insufficient funds and illness, and therefore Rose had not exercised due diligence.
Rule of Law
Issue
Holding and Reasoning (Lewis, C.J.)
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