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I agree.The Las Vegas Land and Water Co. had drilled a new well but they had not filed the paperwork to legally appropriate the water.
hln000634. Union Pacific Railroad Collection, 1828-1995. MS-00397. Special Collections and Archives, University Libraries, University of Nevada, Las Vegas. Las Vegas, Nevada. http://n2t.net/ark:/62930/d1ms3p17m
English
Surface and underground water rights - Las Vegas. Los Angeles, June 11, 1924. Mr. Knickerbocker: General Attorney McNamee has brought up the question of the use of the water at Las Vegas by the Las Vegas Land and Water Company and the railroad company. He calls attention to the fact that a new artesian well has lately been brought in and that it is necessary, under the laws of Nevada, to make an appropriation of such water. Stated in another way,- the mere ownership of the land on which the well is located does not give title to the water produced from the well, but there must be an appropriation and use of the water in order to hold title thereto. He suggests that the railroad company file proper papers appropriating the water from the new well for railroad purposes; that the water now arising in the springs be wholly used by the Las Vegas Land and Water Company in supplying the residents of Las Vegas with domestic water, and the balance used in irrigation of other lands, title to which stands in the Land Company. I approve of this plan, but call your attention to the fact that the water must be wholly used by the appro-priators. In other words, if the water from the new well can be wholly used for railroad purposes, the title of the rail-road company to the same under this appropriation would be complete. Should there be a surplus, however, from this well, not used for railroad purposes, then an appropriation should be made of the surplus by the water company. On the other hand, all of the water from the springs must be used by the Land Company for the purposes above mentioned. I understand from Mr. McNamee that if the rail-road company appropriated the waters of the new well for railroad purposes and the Las Vegas Company uses all of the water from the springs, as indicated above, there will be no surplus. Will you please advise how you wish the matter handled and I will then arrange for Mr. McNamee to prepare the necessary papers for appropriation. (Sgd) A. S. Halsted.