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upr000105 264

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upr000105-264
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    c o p y 'M *'/ ^ I*a Vegas - March 5# 1952 Mr. S ,I , v%? Farauaat to year le tte r of February 25th, 1 9 5 2 , re lstiv e to the eater study directed by President Stoddard, 1 attended a Meeting f r that purpose on Marsh t , 1952# here la la s Vegas. I traaeanlt herewith copy of prepared minutes of that seating. I believe you say wish se to enlarge upon the •in u te s. Daring the discussion the question ar^se as be whether or not the Railroad Company has a vested right in It s 2.5 CPg in w ell #1, whioh could net be diminished or taken fros i t , I was unable to advise on th is point and stated that 1 weald inquire Into i t . I had in wind the fact that ©nr basis water law of 1 9 1 3 , contained a provision preserving vested rig hts t use water which had been appro* priated for see p rio r to the enactment of that law. that provision is S a e tlrn ;ffl&jmP f c However, 1 could not J ? 1®**'®1* a IfiMlTar provision was tneluded ef 1939 relating to conservation and dispositio nin o tfh eu nHdoetr gpund water (7993.10*7993.2 * as attended la 1 9 * 7 and 1 9 *9 .) This point was dessed ttaterlal by those present because of th e ir decision t© attempt a tran sfer of the entire 2 . 5 CPS, rather than a laaser Mount. Section 7993.18 of the 1939 Act o rig in a lly provided that a user in areas under the ad* M inistration of that Act who has not obtained a permit stay •be © spelled to do #0 upon notice by registered w ail, and »ay be compelled to ceeae using water u n til he has complied with the lawi pertaining, to the appropriation of water. I f the owner f a ils be. in itia te proceedings to secure such pem lt within th irty days a fte r such notice, he Is g u ilty ©f a misdemeanor. This section further provides that the date of p rio rity of a ll appropriations of water fro s an underground source is the date when application la sad© in proper fom . The foregoing section was attended la 1 9 b? to recognize w ells which were in existence p rio r to March 25* lf |9 . Furthermore, two new subsections were added., 7993*18© relatin g to abaadonnent and fo rfeitu re of a ll or a portion ©f an adjudicated, unadjudicated, permitted or vested rig h t, Section 7993*l$b states that fa r the pappose of th is conservation a ct, a vested rig h t is a water right ©n underground water acquired fre * an artesian w ell or fro * a definable aq u ifier p rio r to Mgrcfc.2£,..19I3, and an cttderground water right on percolating water, the sours© and boundaries of which are incapable of determination, acquired p rio r to March 25, 1939.