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upr000320-018
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    1901, maps o f such pipe lima and water source where the same Is situ a ted oo the S| o f See* 7 , f • 22 S ., R. 59 1 . X assume th at the improvements and development work a t Upper Cottonwood Sprin gs, as w ell as the proposed Buol pipe lin e , has been com pleted, o r w il l he com pleted, b e fo re February 21, 1928, the date upon which we are resp ired to f i l e p ro o f o f com pletion o f work* Please advise the com pletion o f th is work and we w ill prepare and f i l e p r o o f o f com pletion , as w ell as an a p p lic a tio n fo r a change o f place"and §gi | character o f use* Cottonwood Sprlnae * Cottopwopd Ranch? the R ailroad Company and Its" granM rs arid p red ecessors in in te r e s t have been the owners and In the a ctu al continuous p o sse ssio n , and e n title d to the p o sse ssio n , o f a l l o f the o f the SEf- o f Sec* 7 , f* 82 S*, R* 59 E ., known as and c a lle d the Cottonwood Ranch sin ce May 26, 1901, h old in g the same under patent Issued by the State o f Jfevada to i t s p redecessor C harlie Stewart. Since May 26, 1991, the R ailroad and i t s p redecessors have used a l l o f the water from Cottonwood Springs f o r r a ilr o a d , min** in g , dom estic and a g r ic u ltu r a l uses* On March 1, 1925, the date that the f i r s t comprehensive water law became e f f e c t iv e in Nevada, the R a ilroa d , on account o f such u ser, had a vested r ig h t to a l l o f the water r is in g and flow in g from Cottonwood Springs w ithout the n e ce ssity ©f any a p p lic a tio n or perm it from the sta te a u th orities* Pipe Line a t The a b stra ct d is c lo s e s th at the R ailroad Company1s p i p e l i n e from Cottonwood Springs to Arden passes over and across the p u b lic lands o f the United S tates with the excep tion o f three p a r ce l# , namely* T in ceat M attencia homestead entry fo r the 88$- o f the NW£, 8W& o f the I l f and the I f o f the SBj o f See. 8 , T. 22 8 ., R* 59 I* fo r which patent issued May 19, 1917* Car f i r s t f i l i n g under the a ct o f February 18, 1901, approved January 5 , 1908 was p r io r in time and we have a v a lid easement fo r our pip® lin e over a l l o f said See* 8 u n t il the same is revoked by the S ecretary o f the in t e r io r . Homestead patent Issued to George D* Smith May 29, 1922 fo r the 3BJ o f the S fJ o f Sec. 25, S* 22 S ., R* 60 E ., and p aten t, e v id e n tly lie u lan d , issued to Santa Fe P a c ific R ailroad Company on May 7 , 1914 fo r the SW| o f the SSf o f said S ec. 25. As the patents fo r the la s t named two p a rcels o f land in said Sec. 25 were issued p r io r to A p ril 10, 1925, the date o f the approval o f the r a ilr o a d ’ s map f i l e d December 5, 1924, i t w ill be n ecessary f o r the R ailroad to procure easement# f o r the e x is tin g pipe