An easement is an interest in the land of another which entitles the owner
of the easement to a specific and limited use of the other’s land.

The United States developed the Newlands Project in Churchill and Lyon Counties under the Reclamation Act. The Act and other federal legislation provided for transfer of ownership of United States owned lands to individuals who developed and reclaimed the land. Prior thereto, in 1890, Congress passed legislation that reserved an easement to the United states in all patents of land-deeds from the United States.

That reservation in the transfer from the United States in the Newlands Project provided the United States with an easement for canals and drains for the federal reclamation project.

The United States also acquired easements from those who owned their land prior to the government developing the Newlands Project. Those easements were granted by the land owner either through a specific deed or through the landowner applying for and accepting water from the Newlands Project. Those easements were granted in the contracts with the United States and later with the Truckee-Carson Irrigation District. 

There are approximately 380 miles of canals and 34 miles of drains within the Newlands Project. Most, if not all, of the canals and drains were constructed prior to 1930’s. The easements for canals and drains were originally drawn by the Bureau of Reclamation on the Property and Structure Maps for each section of land within the Newlands Project. Those easements can be identified and reviewed by interested parties at the Truckee-Carson Irrigation District’s office.

When the subject of a District easement for a canal or a drain is discussed, a frequent statement that is made is "there is no mention of any easement in my deed."

Easements are created in many ways. They can be created by express works, either of grant or reservation. They can be created by use and acquiescence; by implied grant or reservation when the owner of property sells a portion to another and there are apparent and obvious uses on the property which indicate that an easement exists. For example, the owner of land sells a portion to another which had irrigation ditches thereon that carried water to the owner’s remaining land. Although the deed did not state that the owner was specifically reserving an easement to himself or the irrigation ditch, it was apparent and obvious, and therefore, an implied reservation of easement for the irrigation ditches was created. The purchaser could not plow or cover the irrigation ditch to prevent water from getting to the owner’s remaining land.

An easement may also be created by prescription or adverse use for statutory period. It can also be created by a public agency acquiring an easement through eminent domain or condemnation.

Once an easement is created, the extent of use and any interference thereof are guided by general principles. The owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying fee title to the land-the servient land. The owner of the easement can make repairs and improvements to the easement and the owner of the servient land cannot interfere with those repairs or improvements nor can the owner of the servient land interfere in the use and enjoyment of the easement by the easement owner.

The District has the responsibility to maintain and repair the easement within the Newlands Project to ensure that they function for their intended purposes. The servient land owner cannot do anything that might or does restrict or interfere with the District’s ability to operate, maintain, and repair the District’s canal and drain easements.

Continued Next Page . . .