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upr000285 351

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upr000285-351
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    \ Surface and mde^gmind w,t®* righ ts - Las Vegas. Los vngeles, May 23, 1924* Boar Leo* supplementing my le tt e r o f the 22nd re la tiv e to the abovei 1 have oxjiralned. the o rigin al t it le s and fin d that on Bee* 8, 1902, Helen J. Stewart conveyed to William A, Claris, a l l o f the land both east and west o f the ra ilro a d at Las Vegas covering the source of the water, now has Vegas Spring, and the Channel or course o f the water to the extreme eastern portion o f 3ee. 25, a distance of fiv e rd le s, and that on July 2, 190S, William Clark co veyed a l l the righ ts acquired by him to San Pedro Los iurigel©* L ' & Salt Lake Railroad Co*, a copy o f wSil#x la t t e r deed I enclose you* I fin d that cm May 8, 1905, San Pedro, Los A z o le s & Salt Lake Railroad Go. conveyed to the. Lae Vegas Land & -ator Co* a l l o f the land described in said deed situate east of the r a i l ­road, and in addition thereto, the la tt e r Company acquired from other sources, the 1% o f the KBf and tbs Sf| o f the and SH| of See* 34, without any mention in oomiection therewith or appurtenant t whheraetteov*eI r of water rights I am o f th e opinion t h a t notwithstanding the omission o f any mention o f water i n t h e d e e d o f M ay 8 , 1 905 fr o m SHJU&3LHK Co to L.V.L Is « G o ., the water b e in g appurtenant to the la n d s con­veyed, passed with the land, mad that when the R a ilr o a d convoyed the land, i t conveyed the water appurtenant thereto without any 1. • express provision therefor, fo r there is no right in water other than the user, and the Railroad retained only such water under it s deed as i t used fo r ra ilro a d purposes, and as the L.V.L.cs W* 0©, supplied Clark* s Las Vegas fownait© with water from the year 1905 u n til about 1910, without any eontraotural relations with the r a i l ­road, and without recognising the Railroad’ s righ ts to th is water, and a fte r the sewerage was in sta lle d in Clark’ s Las Vegas Townsit© and adjoining te rrito ry , the L.V.L & W.Co* acquired an eas^ient mid righ t by instrument in w riting fro® the c ity o f Las Vegas fo r the waters that flowed away from the sewerage system ami through the septic tank fo r use on the land, such user confirms my views that the L .v.L & « Go* always had the righ ts to th is water. Please advise me o f your views o f the matter* FRM-H F, » , mmmm