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man000177-025
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University of Nevada, Las Vegas. Libraries

Lae V«ga* y «U «y Vtater Diet. - 3* March if, 1954 water depleted or lessened by an appropriate? wiia#® priority is tatar than that of F irs t p arties, s w later appropriator would be repaired to plug his well ana be enjoined from using water therefrom . As to the acquiring of additional water from the Colorado Rivers Under date of June jpj 1950, the Water District made application to the State Engineer for permission to appropriate 59 cubic feet per second of water (43,030 a cre feet per annum) from —ake Mead and the Colorado River for municipal purposes. A permit was granted under date of January 31, 1951, which permit is in good standing. The District has until January 24, 1962, in which to apply the appropriated water to a beneficial use. Under date of May 23, 1952, the D istrict entered into an agree-meat with Basic Management. Inc. whereby Basic Management, Inc. will deliver into the D istrict's water system , through B „ M. V* existing water plant and system , up to 5 ,0 0 0 ,0 0 0 gallons of water per day. and up to 13,750, 300 gallons per day after the District shall have, at its own expense installed pumps sad other facilities sufficient to handle such increased quantity* (The B .M .I. water system consists of intake pumps at the point of diversion on Lake Made, and a 43” pipe tine extending from toe i~ake to Henderson, Nevada.) In my opinion said agreement is a binding obligation on both parties thereto. In Nevada she water of all sources of water supply, wituia the boundaries of the state, whether above or beneath the surface of the ground, belongs to the public. Subject to existing right, ail such waters may be *P-prbpriated for beneficial use as provided by our Nevada Statutes and not otherwise. The determination of the relative right* to water and the admiai; tration of said rights in Nevada are imposed upon the State Engineer ol the State, subject to court confirmation if dispute# arise . Very truly yours. L A M m d Leo -*. McNamee