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upr000324 39

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upr000324-039
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University of Nevada, Las Vegas. Libraries

Water - Dry Lake 7 ^ Los Angeles, January 28, 1925. Mr. A. S. Halsted: I am enclosing you deed, H. Blanding and A* H. Lee to the Railroad Company covering the land upon which the dry lake well is located. Since my former communications Leo and I have had an opportunity to go over the situation and from an inspection of the log of the well and the formation encountered, I am con­vinced that the water accumulated therein is from percolations and not from any underground strata or water course that could be defined. Such being the case the State Engineer would have no jurisdiction. He no doubt would, upon presentation of an application, assume jurisdiction, but in my opinion any action he might take would confer no rights in addition to what we now have. As the land acquired through this conveyance is contiguous to our right of way and covers all the pipe line, there appears to be no reason for any filing with the Secretary of the Interior to secure a revokable permit over the public lands. This deed gives us sufficient title against everyone except the government, and even against the government so long as we use the water and maintain the well, and I am of the opinion that we would have a preference and better right against any entryman for the land around the well sufficient for the convenient use thereof, so long as we are in the actual possess­ion. The rights we acquire under this conveyance are founded on the location of the Gypsum Queen Placer Claim, a nd if this claim is not maintained by the performance of annual labor it would, of course, be subject to relocation by any qualified locator, but if not located it does not forfeit, and the title will continue on indefinitely in the grantors, or their assigns, subject of course to be defeated by a relocation by others before the original locators had resumed work. If this meets with your approval we will keep in touch with the situation and should the ground become open for failure to perform assessment work we can protect the company*s interest by location, if necessary.