upr000093 150

MCNAMEE & MC3VAMEE Attorneys at Law EL PORTAL BUILDING LAS VEGAS, NET ADA Telephone 1888 May 20* 1953 Messrs. O’Meiveny & Myers* lour B~2805 Attorneys at Law, has Angeles 13, California, Attention* Mr, Franklin T. Hamilton Dear Sirs* This refers to the forms of instruments transferring interests in real and personal property sub­mitted By Sotmael for the later Company and Counsel for the Water District. o X In Section 2 of ft, Hamilton’s proposal, and in Section 1(b) of the Railroad Company*® proposal* the grantor realises* releases, quit claims, ensigns and transfers all of the certificates of appropriation issued by the State ISnglnsey of the State of Sevada, which certificates are particularly described either as exhibits or in the instru­ments themselves. Set they one of the instruments, however, convey.any water rights. In my opinion, the assignment of a certificate of appropriation does not assign the right t© the use of the water specified therein, no nor# than the assignment of a deed to a parcel of land would convey the land therein described. I a® of the opinion that said Sections should, cover mt only an assignment of the certifi­cates of appropriation* but should include all water and water .rights covered' thereby. The Railroad Company and the Land and Water Company also own the right to the use of the waters flowing from the springs. These are vested rights and are not evidenced by certificates -of appropriation. It is therefore my opinion that Section 3 of l«r, awiltonls proposal iM Section 1(c) of Mr* Beawick’s proposal should have added thereto the following* "Also all water and all rights to