Skip to main content

Search the Special Collections and Archives Portal

upr000089 107

Image

File
Download upr000089-107.tif (image/tiff; 23.12 MB)

Information

Digital ID

upr000089-107
    Details

    Rights

    This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.

    Digital Provenance

    Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

    Publisher

    University of Nevada, Las Vegas. Libraries

    » ( cc - Mr. E.E. Bennett ) With reference to our telephone conversation concerning the proposed transfer of the Railroad Companies’ permit to appropriate water from Well No. 1 to a new point of diversion at the shop well, I regret that I have Been un­able to contact the state water engineer in this area, Mr. Jamison. I wanted to confirm with him my interpretation of our water law before writing to you. I will do so at the earliest opportunity, but in the meantime I submit the fol­lowing for your information. In my opinion the Act of 1939 relating to the development and use of water in an artesian basin has no bearing on a change of the point of diversion. This Act does however, effect the development of , water in the shop wells and governs the method of drilling, power, etc., in the existing well, as well as the method of developing a standby well. The Act of 1939, Sections 7993.10-7993.24, N.C.L. Supp. 1931-1941 as amended, will have to be complied with in the drilling of a new well, and this Act invokes the provisions of the general water law of 1913 relative to application, publication, etc., Sections 59-72 of the Act; Sections 7944-7957 N.C.L. 1929, as amended. There­fore, at least several months will be involved in obtain­ing a permit for a new well in the shop grounds and I am not at all certain that such a permit would be granted by the state engineer because of his announced policy not to approve any additional wells where his approval can be rea­sonably withheld. In fact, if the Railroad’s right to appropriate water for railroad purposes is transferred to the existing shop well, I believe the state engineer may reasonably contend that there is a duty upon him to deny an application to drill a standby well for the reason that / the right transferred is more than sufficient to satisfy the needs of the Railroad Company. I have in mind the Act of 1945, Section 7899 N.C.L. 1943-1949 Supp., which p relates, in part as follows: