Las Vegas City Commission Minutes, September 21, 1955 to November 20, 1957, lvc000010-588

A resolution prepared by the City Attorney was submitted for consid­eration and the Commission requested that a clause be inserted to indicate that the right to this water cannot be assigned without the consent of the City. Thereafter, Commissioner Sharp moved the following resolution be adopted: WHEREAS, the City of Las Vegas is completing a new Sewage Dis­posal Plant and there will be a surplus of effluent water from the City's Sewage Disposal Plant, and WHEREAS, the effluent water from said Sewage Disposal Plant will be carried off in an open ditch and will create a problem for the said City in disposing of the same, and WHEREAS, the Las Vegas and Lake Mead Stakes of the Church of Jesus Christ of Latter Day Saints own certain real property adjacent to the property owned by the City on which said Sewage Disposal Plant is located, to-wit: Northwest One-Quarter (NW¼) of Section 15, T21S, R62E, MDB&M, and WHEREAS, the said Las Vegas and Lake Mead Stakes desire to ir­rigate and cultivate the aforesaid land and have applied to the State Engineer for a secondary permit to use six second feet of the effluent water from the City of Las Vegas Sewage Disposal Plant, and WHEREAS, the City of Las Vegas holds a primary permit for the use of the effluent water and a secondary permit cannot be granted without the consent of the holder of the primary permit, and WHEREAS, the Las Vegas and Lake Mead Stakes have proposed to the City of Las Vegas that they be granted the right to divert and carry away at their own expense up to six second feet of effluent water, thus assisting in the City's problem of disposal of effluent waters, and such a proposal is of benefit to the City, NOW, THEREFORE, BE IT RESOLVED as follows: That the City of Las Vegas grant unto the Las Vegas and Lake Mead Stakes of the Church of Jesus Christ of Latter Day Saints a secondary right to divert and use up to six second feet of the effluent water from the City of Las Vegas Sewage Disposal Plant for beneficial use on the following described land, to-wit: Northwest One-Quarter (NW¼) of Section 15, T21S, R62E, MDB&M, BE IT FURTHER RESOLVED, that this grant shall continue from year to year so long as the Grantee shall put the said waters to beneficial use, and so long as the Las Vegas Sewage Disposal Plant is in operation at its present location and producing effluent water. In the event the Sewage Disposal Plant should be abandoned at its location, or that less than six second feet of effluent water shall be available, then the City shall be under no obligation to permit the Grantee to use sewage effluent except insofar as such effluent may be available after the primary right of the City of Las Vegas shall have been satisfied. BE IT FURTHER RESOLVED, that this grant is on the condition that the Grantee takes the effluent water and transports the same from the Sewage Disposal Plant at Grantee's own expense, and shall hold the City harmless by reason of any injury or damage to person or persons that may result therefrom. The point of diversion shall be at the last unit of the chlorinator on the said Sewage Disposal Plant in a twenty-inch (20") pipe and run­ning from that point to the property of the Grantee herein described. A control valve shall be installed at the expense of the Grantee at the point of diversion. In the event such point of diversion shall later prove impracticable then the Grantee shall have the right to divert water from the waste ditch of the chlorinator at such a loca­tion that may be mutually agreed upon by the Grantor and Grantee. The Grantee shall have the right to install and maintain a pipe from the point of diversion herein described across land of the Gran­tor to the land of the Grantee for the purpose of conveying the ef­fluent water hereinabove mentioned. BE IT FURTHER RESOLVED, that the right to use said water shall be at no charge to the Grantee, in consideration of the matters and things to be performed as herein set forth by the Grantee for the benefit of the City, and