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RLA— 4 7 ^ The Railroad has a r i$ it to the use and enjoyment o f a ll o f the waters accumulating In it s Well or l o l l s at Caliente, In fa ct the pumping o f large volumes o f water from a considerable depth beneath the surface, the greater portion o f which is used fo r purposes which w ill necessarily resu lt in a large percentage o f runback in to the channel o f Meadow Valley Wash, would negative any contention that the use o f such water by the Railroad would invade or injure the rights o f any lower users* A considerable portion o f the land in M&adow Valley fash below Calient© that was under cu ltivation and irrig a tio n prior to the b ig flood in 1910 has been o b lite r­ated by channel changes, erosions, etc* caused by successive flood s, and i t is not at a ll lik e ly that any shortage o f water w ill be experienced by the ranches below Caliente in the near future, unless there should be a move made to reclaim and irrig a te additional land from the very lim ited amount now available, susceptible to irrig a tio n . The Supreme Court o f Nevada has gone so fa r as to hold that a person may law fully d ig a well on h is own land, though he thereby d ries up the subterranean sources o f h is neighbor1s spring* Hosier vs* Caldwell, 7 Nev. 365; Straight vs* Brown, 16 Rev* 318* Subsequent to these decision s, on March 84, 1918, the legislatu re o f Nevada approved an act to provide fo r the conservation o f underground water, etc*, being Chapter 810, Statutes o f Nevada 1915, page 383. Section 1 provides* 8A ll underground water, save and except percolating water, the course and boundary o f which are incapable o f deter­mination, are hereby declared to be sub­je ct to appropriation under the laws o f the State relatin g to appropriation and us© o f water*n Under existin g conditions at Calient© and v ic in ity , 1 advise that the Railroad Company develop by Well or l o l l s sunk within the boundaries o f the Railroad’ s property in the SEf o f the 11% and the Sf| o f the SEj- o f Sec* 8, water s u fficie n t fo r Its present maximum use and any anticipated us® without recognizing the right or ju risd iction o f the State Engineer o f Nevada to determine or regulate it s right thereto.