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Los Angeles, August 21, 1952 80-12 I Mr. W. R. Rouse: (cc - Mr. Calvin M. Cory " (with copy of enclosure)) Please refer to your letter of August §| 1*952, your file 2180, requesting my further opinion concerning the right of the Railroad Company to sell water to the P.F.E. from the Railroad shop well: I know of no city ordinance which would prevent the Railroad from selling ''water to the P.F.3. In fact I do not believe that the City of Las Vegas would have the power to pass such an ordinance and 1 make it effective. The only two legal problems which I see with respect to our right to sell water to the P.F.E. are: 1. Whether such a sale would violate the provi­sions of our appropriation certificate, and 2. Whether such a sale would constitute the « Railroad a public utility. It is not possible to give a categorical answer to the first problem, but it is my opinion that such a sale would not violate the terms of the appropriation certif­icate. The certificate of appropriation owned by Los An­geles & Salt Lake Railroad Company to appropriate water from Well No. 1 In the water field was issued on Appli­cation No. 7200 on April 18, 1930, and grants the Rail­road the right to appropriate water through artesian well and pipe line for railroad and domestic purposes. I think that much can be said in favor of the argument that 'the use of water by the P.F.E. is for a railroad purpose be­cause it is consumed for the purpose of making ice which is used in railroad transportation service* However I know of no decisions by the courts of Nevada or other states which definitely settle this problem» Additionally I believe that an appropriater of water for one use has the right to change the use for which the water was originally appropriated so long as the use is a beneficial use. Here again I. know of no specific decisions in the State of Nevada on this subject. However this fact