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Las Vegas - March 5* 1952 WM. R Mr. E.E. Bennett: MAR 10 1952 Pursuant to your letter of February 25th, 1952, relative to the water study directed by President Stoddard, I attended a meeting for that purpose on March 4, 1952, here in Las Vegas. I transmit herewith copy of prepared minutes of that meeting. I believe you may wish me to enlarge upon the minutes. During the discussion the question arose as to whether or not the Railroad Company has a vested right in its 2.5 CFS in Well #1, which could not be diminished or taken from it. I was unable to advise on this point and stated that I would inquire into it. I had in mind the fact that our basic water law of 1913* contained a provision preserving vested rights to use water which had been appro­priated for use prior to the enactment of that law. That provision is Section 7970 NCL 1929. However, I could not state whether a similar provision was included in the Act of 1939 relating to conservation and disposition of under ground water (7993.10-7993.24 as amended in 1947 and 1949.) This point was deemed material by those present because of their decision to attempt a transfer of the entire 2.5 CFS, rather than a lesser amount. Section 7993.18 of the 1939 Act originally provided that a user in areas under the ad­ministration of that Act who has not obtained a permit may ?be compelled to do so upon notice by registered mail, and may be compelled to cease using water until he has complied with the laws pertaining to the appropriation of water. If the owner fails to initiate proceedings to secure such permit within thirty days after such notice, he is guilty of a misdemeanor. This section further provides that the date of priority of all appropriations of water from an underground source is the date when application is made in proper form. The foregoing section was amended in 1947 to recognize wells which were in existence prior to March 25* 1939. Furthermore, two new subsections were added, 7993.l8a relating to abandonment and forfeiture of all or a portion of an adjudicated, unadjudicated, permitted or vested right. Section 7993.18b states that for the purpose of this conservation act, a vested right is a water right on underground water acquired from an artesian well or from a definable aquifier prior to March 22, 1913* and an underground water right on percolating water, the course and boundaries of which are incapable of determination, acquired prior to March 25* 1939.