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Transcription
Waxel and water rig h ts - Modena. A p ril 3, 19 16. Mr. F. A ..W aters, General Right of*Way & Tax Agent. Dear S i r : R e fe rrin g to your le t t e r of March 21st, in which you ask certain questions with referen ce to our-w ater and lands known as the Deseret Springs and C la r k 's W ells: I submitted the question as to ovt rig h ts to the water to M r| Smith, a n d in c lf e e herewith h is r e p lie s , from which i t appears that the water having been put to a b e n e fic ia l use, the rig h t of our company to the water cannot be in te rfe rre d with so long as we continue such use. It appears that we have no t i t l e to the land inquestion, but as it is evident that the possessory rig h ts to the land were purchase^in order to get the use of the water, and that our company cannot p e rfe c t i t s t i t l e to the lands, I do not see that there would be any v io la t io n of any covenants of the mortgage in r e t ir in g the lands from our accounts. On the other band, I do not see any p a r t ic u la r necess it y fo r takin g t h is step , as the land at any ra te could be of very - l i t t l e valu e, and p robably it would be difffcetet to assess the value of the lands se p a ra te ly from the value o f the water rig h ts acquired and which we s t i l l re ta in . Very t r u ly yours, H-G
