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Mr. Vto. Reinhardt 3 December 4> 1951 the Railroad Company to be a public utility. If they were successful in having the Railroad Company declared a public utility, they would then seek to obtain an order to compel the utility to expand its facilities to meet the demands for service- made upon it. We have always maintained that the Railroad Company was not a public utility with respect to the production of water, but I believe that there is real danger that the Railroad Company might be declared a public utility with respect to such operations if a serious attempt was made to have it so declared. Section 6106 of the Nevada Compiled laws provides in part that the term "public utility" shall "embrace every corporation . . . . t h a t now or hereafter may own, operate or control . . . . directly or indirectly any plant or e-quipment within the state for production, delivery or fur­nishing for or to other persons, firms, associations or cor porations, private or municipal, . . . . water for business manufacturing, agriculture or household use." Section 6138 of the Nevada Compiled Laws provides as follows: "Whenever any person, company, corporation or association which is not engaged in business as a public utility as defined by this act, and which does not furnish, sell, produce or deliv­er to others, light, heat, power or water, under a franchise received from the state or from any county or municipality within the state, shall be able from any surplus beyond the needs or re­quirements of its business, and shall desire to sell, produce, furnish and deliver to any other person, company, association or corporation, any light, heat, power or water, such person, company, association or corporation, shall apply to the public service commission for authority to sell, produce, furnish or deliver any such surplus light, heat, power or water, and shall submit to the commission the proposed contract, by which such light, heat, power or water is to be sold, furnished, produced or delivered.