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Mr. Renwick -2- August 2, 1963 Water £rom the Upper Cottonwood Springs source is transported through 4,070 feet of 3” and 20 feet of 4" galvanized iron pipe to a connection at Lower Cottonwood Springs with the main pipeline from Lower Cottonwood Springs to the Railroad Station at Arden, Nevada. This main pipeline consists of 5.48 miles of 6" iron pipe, discharging into 4.72 miles of 4" iron pipe, thence into a water softener at Arden, and thence into the 70,000 gallon storage tank in question. The general layout of both pipelines, the water softener, and the water tank is shown on Drawing No. 31572 dated January 10, 1927, which is a part of a report made by L. T. Jackson on January 20, 1927, identified among the enclosures as Contract Audit No. 7091. The 70,000 gallon steel tank at Arden was constructed under Work Order No. 1043 in 1911. Water from Cottonwood Springs, which was acquired by the Railroad in 1901, was placed in the tank by gravity flow through a 4" pipeline which was changed in 1923 to a 6" pipeline, in part, and 4" pipeline, in part, under Work Order No. 4680, and re-arranged in 1926 under Work Order No. 6617. The water softener described in Application No. 8819 was constructed under Work Order No. 4680 approved in 1923 and placed in operation August 19, 1924. On May 28, 1963, I submitted an opinion to Mr. Groome, copy to you, which was based on Certificate No. 8819, and in which I concluded that the mere description of the 70,000 gallon storage tank in the certificate as a part of the works did not confine or restrict the appropriation of water and use of water to the 70,000 gallon storage tank, since said certificate also describes as a part of the works the gravity flow of water through the main pipeline and distributing pipelines. I, therefore, concluded that retirement of the 70,000 gallon steel water tank would not jeopardize the water rights of the Company at Upper Cottonwood Springs. Having reviewed all of the enclosures, I am of the opinion that retirement of the 70,000 gallon steel tank would not jeopardize any of the Company's water rights at Lower Cottonwood Springs, because these rights are vested rights, having been acquired prior to the water law of 1905. Mr. Groome has asked in his letter of July 12, 1963, to you, that the enclosed five documents be returned to him so that he may transmit them to the Auditor. ?Cerely; W f . & N M. CORY, ES CMC:dl