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August 7, 1953 E. E. p| : Please see attached letter from Leo, McNamee con­cerning water reservation in connection with sales of property in the shop grounds. The first paragraph of his clause is the one that Cal Cory suggested to him,, after I had told Cal that the cases in "Words and Phras­es" hold water to he a mineral and that we could prob­ably satisfy our contract obligations by specifically mentioning the word water in the mineral ..reservation. I personally 'think he put too much''water in and that the clause would read better if the two references to water which I have circled were eliminated. I don't know whether he suggested the second paragraph or not,- but I can't see any need for that. ^^obligations are set forth at page 11 of the contrac«with the District and provide that if we con vey ^^»afiuaa^zuJ-n- the shoo grounds, such conveyance shal for'and put to beneficial use water pro- therefrom, or "$2) a covenant providing that no well exceed­ing 10G feet in depth shall be drilled thereon,| etc. We are trying to comply with the contract by complying with the first alternative.Rather than mess up the min­eral clause by too much reference to water perhaps we could make an entirely new water clause reading as fol­lows : \ Excepting and reserving to Union Pacific Rail­road Company, its successors, grantees and as­signs, all water and water rights and the right to drill for, produce and put to beneficial use aJiH/ water produced from the abwe—desorlbG-d—roal^<gt^-^»- p-ropcrty, but without entering upon or using the surface oflands hereby oonvcyed and in such manner as not to damage' the surface of said .^ands or interfere with the use thereof by the^ sechnd^party, its successors or assigns^.''..... -\L