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2 1 sion, which fees, however, shall he paid by the public utility 2 and repaid to the complaining party if the quality or quan- 3 tity of the product or the character, of the service be found 4 by the commission defective or insufficient -in a degree to * 5 justify the demand for testing; or the- commission may 6 -apportion the fees between the parties as justice may require; 7 provided, that it shall be unlawful for any public utility,' 8 for any purpose or object whatever, in any- city-or town 9 containing more than 4,500 inhabitants, to install, operate', 10 or use, within such city or town, any 'mechanical water 11 meter, or similar mechanical device, to measure the quantity . 12 - of water delivered to water users; provided, that if the pub- 13 'lie service' commission of Nevada, after investigation and 14 public hearing on its own motion or upon .complaint filed 15 by the state engineer, tike state health department; or any 16 city official including city water inspector, or by any other 17 party, shall determine that there hds not been made or that 18 there is reasonable cause to believe that there will not in the 19 ? future be made a reasonable, and beneficial use of water by 20 a water user resulting in unnecessary wasting of water, or to 21 the detriment of the health and safety of the inhabitants of 22 the State of Nevada. The said public service commission, if _ 23 it then determines it to be in the public interest and welfare . 24 iso to do, may permit the installation and use of a mechanical 25 wafer meter or similar mechanical device to measure the 26 quantity of water so delivered and to establish the proper 27 rate of compensation therefor; provided, that nothing in 28 • this act heteih contained shall be construed to interf ere with 29 the systems of metering water employed in any town, city, 30 or village of this state as currently established upon the 31 effective date of this qct; provided, that nothing in this sec- 22 tion shall prohibit the installation or use of water meters s 3 1 in connection with the wholesale delivery or sale of water 2 by any public utility or the installation or use of test'water 3 mieters for the purpose of checking the consumption of water 4 of any user or users of water; provided further-, that noth- 5 ing-in the immediate foregoing proviso shall apply to cities 6 and towns- owning and operating municipal water works. 7 -The commission may, in its discretion, purchase such 8 materials, apparatus and standard measuring instruments 9 for such examination and tests as it may deem necessary. 10 The commission tehall have the right and power'to enter upon 11 any premises occupied by any public utility for the purpose 12 of making the examination and tests provided for in this act: 13 and set up and use on such premises any necessary apparatus 14 ..and appliances and occupy reasonable space therefor. Any 15 public utility refusing to allow such examination to be made 16 as herein provided shall be subject to the penalties prescribed' 17 in section 11 of this act. 18 The public service commission of Nevada is authorized and 19 directed to per scribe the standards for the maintenance, use 20 and operation of electric poles, wires, cables and appliances 21 of all public utilities within the state engaged in the business 22 of furnishing electric power, light and energy. 23 '- iSke. 2, This act shall bedome effective add operative from 24 and after its passage and approval. ©