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upr000091-066
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    V Mr* W, R* Roust August 21, 1952 Tht P.F.E. obtains water at Las Vegas from the Rail­road under agreement between Los Angeles & Salt Lake Rail­road Company and Pacific Fruit Express dated December 12, 1929, effective December 1, 1929, Contract Audit No.1149. This contract was extended for an indefinite term, subject to 30 days* cancellation, by extension rider dated October 2, 1934, Contract Audit No* 1149-3. When the contract was originally entered into, it was submitted to the Public Service Commission for approval under Section 37 of the Act. I enclose a copy of the Order approving the contract dated December 3, 1929, in which you will notice it is expressly provided that: w * . the Los Angeles & Salt Lake Railroad Com­pany does not, by the execution of this agree­ment herein approved, become a public utility within the. meaning of the Public Service Com­mission Act The Union Pacific Railroad Company has been furnishing wa­ter to the P.F.3. under this contract since the date of the lease effective January 1, 1936, without any further approv­al by the Public Service Commission. I doubt that any fur­ther approval is required, but if it is deemed desirable, Mr. Cory will probably be able to obtain such authority from the Public Service Commission. As a practical matter it is my thought that we should not disturb the existing situation until someone objects to our furnishing water to the P.F.E. This objection would un­doubtedly come, if at all, from the Water District* If we found that we were getting into difficulties by serving the P.F.E., we could readily relinquish that service and the District would undoubtedly be willing to take over the P.F* E. as a customer* I think it is important that the Railroad take what­ever steps it is going to take to protect its own water supply as soon as possible* The negotiations with the District for the sale of the water facilities at Las Vegas are reaching a head* So far as I know the District has not been informed that the Railroad intends to develop its own water supply and to sell water to the P.F.3* I think the