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%m road to th is water from Las Vegas Spring, and i s purchasing from the R ailroad s u ffic ie n t to serve C la rk ’ s Las Vegas Towns!te under the franchisee h eld by i t As the r ig h t to the use o f a l l o f the water o f Las Vegas sprin g vested in Helen J. Stewart and her grantees on March 1, 1905, the date th at the f i r s t comprehensive water law in Nevada took e f f e c t , I do not see how the r ig h ts o f e ith e r company can be a f f e c t ­ed as to th is vested r ig h t , as th ere is no doubt but th at a f u l l and complete a p p lic a tio n to a b e n e fic ia l use was made o f a l l o f the water a t a l l times. I t may be th at p ro o f o f ap p rop riation should have been f i l ­ed a ft e r the passage o f the law o f 1905, o r i t could be f i l e d now, i f there were any r e la t iv e r ig h ts to be esta b lish ed , but as there have been no other claimants & r any r ig h ts to the waters o f th is stream other than Helen J. Stewart and her successors, I f a i l to see where the f i l i n g o f any p ro o f o f ap p rop riation now would serve any u s efu l purpose. The amended a r t ic le s o f in corp oration o f Los Angeles & S a lt Lake R ailroad Company, f i l e d w ith the County ule r k a t Las Vegas on August 31, 1923, au th orizes the r a ilr o a d to acquire water to serve m u n ic ip a litie s as a d is tr ib u t o r . This o f course would c o n stitu te the r a ilr o a d a pu blic u t i l i t y , which- b efo re th is amendment- we have sought from time to time to avoid , and do avoid by f i l i n g copies o f our con tracts w ith the Public S ervice Commission under S ection 37 o f the Public S ervice law o f Nevada o f 1919. Unless the conveyance re c e iv e d from Mrs. Stewart- or made subsequent th e re to , exp ressly tra n s fe rs o r attempts to tra n s fe r-the waters o f Las Vegas Spring, I am o f the opinion th at the Las Vegas Land & Water Co, a t a l l times was the owner o f a l l o f the waters r is in g and flo w in g therefrom , except what was acquired by the R ailroad Co. e ith e r by permission o f Las Vegas Land & Water Co. or p o s s ib ly by adverse u ser, and the R ailroad would be safe in making a p p lic a tio n f o r the underground water f o r r a ilr o a d purposes, and under the amendment, the a r t ic le s o f in corp oration would be broad enough to permit the a p p lic a tio n to the uses exp ressly authorized in i t s a r t ic le s o f in corp oration . I I w i l l w r ite you fu rth e r when I have examined c a r e fu lly the e a r ly record t i t l e s to the land upon which th is water was a p p lied to a b e n e fic ia l use. FRM-H F. R. MOM AMU