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\ Section 5 recites the items (a to o inclusive) of cost to be included in the cost of producing, transporting, and delivering water from the water bearing lands into the distribution systems of second party and Water Company* Subparagraph (p) of Section K recites; "an amount over and above the total of all the costs referred to in subparagraphs (a) to (o) inclusive, equal to per annum upon the agreed value of the water production facilities adjusted to reflect any changes in market value since January 1, 1950 of the water bearing lands and rights of way mentioned in subparagraph (a) of Section 3 hereof, any depreciation upon the water production facilities mentioned in subparagraph (b) of Section 3 hereof accrued subsequent to January Ijj 1950, and any changes, additions, betterments or retirements of or to the water production facilities made subsequent to said date"* Section 9 recites: "Second party furnishes to the Water Company in connection with the construction, maintenance and operation of the distribution system and business of the Water Company, executive, legal, engineering and accounting services performed by officers and employees of second party#" FACTS OF THE CASE The various contracts from 1929 on provided that both the Railroad and the Water Company paid for water they received and the use of the facilities according to the amount of water used by each. Prior to that time the Railroad Company had not adopted any means to determine what water was used by the Las Vegas Land and Water Company. "In establishing the townsite (Clark's) here their method was letting the people use all the water they wanted to for beautifying the town, the trees, lawns, and so on." (I & S Docket 52) - 11 -