upr000096 51

The 2.5 c.f.s. appropriated by the Railroad Company for railroad purposes is not included in the sale to the W ater D istrict, the Railroad Company reserving the right to apply to the State Engineer for permission to change the point of diversion of said 2.5 c.f.s. from said W ell No. 1 to a well located on its shop ground. As the population grew, the F irst Parties drilled more wells so th at at the present time there are altogether eleven wells upon the lands being purchased by the D istrict, the w aters from which are appropriated for municipal supply and certificates of appropriation issued by the State Engineer of the State of Nevada are of record in the County Recorder’s office, for all of the w aters from each of said wells. T he total am ount appropriated, according to said certificates of appropriation is 23.37 c.f.s, including 4.18 c.f.s. from said W ell No. 1. It is my opinion th at the F irst Parties and their successors and assigns are entitled to use, for municipal supply, all of the w aters produced from these eleven wells, and I am further of the opinion th at should the underground aquifers from which these wells draw their respective amounts of w ater be depleted or lessened by an appropriator whose priority is later than th at of F irst Parties, such later appropriator would be required to plug his well and be enjoined from using w ater therefrom. As to the acquiring of additional w ater from the Colorado River: U nder date of June 19, 1950, the W ater D istrict made application to the State Engineer for permission to appropriate 59 cubic feet per second of w ater (43,000 acre feet per annum ) from Lake Mead and the Colorado River for municipal purposes. A perm it was granted under date of January 31, 1951, which perm it is in good standing. The D istrict has until January 24, 1962, in which to apply the appropriated w ater to a beneficial use. U nder and pursuant to the Reclamation Law of 1902, the Boulder Canyon Project Act, and the Colorado River Compact, by contract of March 30, 1942, as amended by supplemental contract of January 3, 1944, the U nited States of America agreed to sell and deliver to the State of Nevada such waters from the Colorado River as may be necessary to supply the State but not to exceed 300.000 acre feet of w ater annually; the contract is for perm anent service. Pursuant to the laws of Nevada, by agreem ent of June 14, 1951, as amended by am endatory agreem ent of March 6, 1954, the State of Nevada has agreed to sell and deliver to the D istrict such w ater as the D istrict may demand, not to exceed 43,000 acre feet annually of said Colorado River w aters; this latter agreement is also for perm anent service. U nder date of May 23, 1952, the D istrict entered into an agreem ent w ith Basic M anagement, Inc. whereby Basic Management, Inc. will deliver into the D istrict’s w ater system, through B. M. I.’s existing w ater plant and system, up to 5,000,000 gallons of w ater per day, and up to 13.750.000 gallons per day after the D istrict shall have, at its own expense installed pumps and other facilities sufficient to handle such increased quantity. (The B.M.I. w ater system consists of intake pumps at the point of diversion on Lake Mead, and a 40" pipe line extending from the Lake to Henderson, Nevada.) In my opinion said agreem ent is a binding obligation on both parties thereto. It is my opinion th at to the extent th at the D istrict applies such w ater to beneficial use in the tim e and m anner provided by law, said D istrict is entitled to use not to exceed 43,000 acre feet annually of w aters from the Colorado River. In Nevada the w ater of all sources of w ater supply, within the boundaries of the state, w hether above or beneath the surface of the ground, belongs to the public. Subject to existing rights, all such w aters may be appropriated for beneficial use as provided by our Nevada Statutes and not otherwise. The determ ination of the relative rights to w ater and the adm inistration of said rights in Nevada are imposed upon the State Engineer of the State, subject to court confirmation if disputes arise. Very truly yours, L E O A. M cN A M E E LAM :nd 2 m t 0 0 / ^ 7 -