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M C N A M E E & MgJ&bSiSXEREALTY 00. A t t o r n e y s a t L a w EL PORTAL L A S V E G A S , iMSL 2 49 PH ’53 Teleph o n e 1 8 8 8 Sa y 20, 1953 Messrs, O ’Melveny & M y e r s , lo w ? B-2805 Attorneys at La®, Los Angela* 13, California. Attentions Mr, franklin f • Hamilton B e a r H i r s t This refers to the ferae of instruments transferring Interests in real and personal property sub* nit ted by Counsel for the »iat*r Company and Counsel for the Water District, In Section 2 of Mr, Hamilton*s proposal, & M la Beet i o n 1 (b) of the Railroad Company*® proposal, the grantor reals©s, releases, %«it claims, assigns and transfers ail of the certificates of appropriation issued by the State Engineer of the State of Nevada, which certificates are particularly described either as exhibits or in the Instru­ments themselves, neither one of - the instruments, however, convey m n j water r i g h t ® . I n s ty opinion, the assignment of a certificate of appropriation d o e s not a s s i g n the right to the use of the water specified therein, no fibre than the assignment of a deed to a parcel of land would convey the land therein described. I am of the opinion that said Seetloiss should cover not only an assignment of the certifi­cates of appropriation, but should include all water and water rights covered thereby. the daliroad Company and the Land and hater Company also own the right to the use of the waters fleering fro® the springs, these are rusted rights and are not evidenced by certificates of appropriation. It is therefore «y opinion that .Section 3 of Mr. Hamilton. *s proposal and Section 1(e) of ir# Rentl tit's proposal should have added thereto the followings "Also all water and all rights to