upr000317 13

Mr. E. E. Bennett: i M*m Mm m f ' /** LygSi^' Las^Jfegas, Nevada, j 1 Relative to the Stewart^ burial plot water problems, I have gone into the law on the subject, per your letter of August 17th, and report as follows: The purported Deed dated December 8, 1902, from Helen J. Stewart and her children to W. A. Clark, after.des­cribing the land embraced therein, reads: "Except four acres of land in the form of a square, in the NE^ of the SEj of said Sec. 27; which said parties of the first part re­serve for their use, said four acres being the Stewart burial plot and more particular­ly described as follows:" (then follows a metes and bounds description of said four acre plot). Then follows: "together with all water arising on said land or flowing therefrom and all water rights be­longing thereto and used in connection there­with, except four miners inches of water (California measurement) or so much thereof as may be required by the parties of the first part to irrigate said burial plot from the Vegas Creek, and the water shall at no time be diverted from the Vegas Creek in such manner as_ to interfere with the, rights herein reserved, unless provision otherwise be made by said' party of the second part, his heirs or assigns, to convey to the tract of land so reserved the water aforesaid for use as aforesaid."