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upr000002 101

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upr000002-101
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    a copy of willed was sent to you, and in which ah® represented that th&r© were three hundred md twenty acres of cultivated hundred and sixty feeing in orchards, vine-yards and alfalfa, In a letter to engineer McCartney it was also represented fey Mrs, Stewart that the flow of water amounted to about four hundred and forty inches. It appears from the report of Mr. McDermott that there are less than one hundred acres of land under cultivation and .that a recent measure— rent of the water made under his supervision shows only about two hundred inches. The representations contained in the statements of Mrs, Stewart can fes considered in the nature of a warranty, and assuming. the report of Mr* i&c3)er«iotb as to the «gyt®intity of cultivated land and flow of water tofeecorrect, can fee made the basis of a disaf­firmance of the contract. Mrs. Stewart challenges the correctness of Mr. McDermott•» report on both of these points, and'insists that all of. the cultivated land was not surveyed and that the water was not properly measured. ; As stated in ay letter to- you from Pioche, there probably been a considerable decrease in the;flow from the springs due to the long continued drought »It must also fee remembered that the water - is- lowest;;;At. this time of the year.; ....fhe,-recent .heavy, storms In that ' rdgion will no doubt materially increase the flow’ of water fey Spring. Engineer McCartney is confident--..that the flow of water call fee further increased fey cleaning out the sand and fey further development. He believes also the prospects of developing artesian water are excellent If before deciding finally whether to complete the purchase of this property or to disaffirm the sale you desire a more accurate measurement of the water,. I can arrange to have the work promptly don® fey engineer McCartney who will shortly have an engineer party in that vicinity.