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upr000201 21

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upr000201-021
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    University of Nevada, Las Vegas. Libraries

    Mr* Jeffers —s** 5-3-39 follows: "IMS form of contract should not contain any provision providing that the Railroad Com­pany should not toe deemed a public utility, or subject to the jurisdiction of the Public Utili­ties Commission, for in cases of this kind where the Company gives service of water from any ex­cess it may have to individuals, the Railroad simply files a copy of the contract with the Pub­lic Service Commission, as provided in Section 37 of the Public Service Act of Hevada, and if the Public Service Commission approves the contract it makes an order to this effect, which protects the Company* It Is otherwise where the Company furnishes water to a public utility for distri­bution by it** In accordance with this opinion, we have omitted this provision from the redraft. (d) Our previous submission provided that Railroad shall, at expense of User, maintain all lines upon leased prem­ises* Upon further consideration, it is felt that the obligation upon the Railroad may prove a burden to its maintenance forces and that following the practice of municipal water departments and public utility water companies, we should impose obligation for maintenance of such lines upon the User* The redraft is changed accordingly. Wire advice of your approval of the forms now submitted will enable us to proceed at once to cover with agree­ment arrangements already in effect, which you have heretofore approved. It le to be understood that, if the Las Vegas Land and Water Company later takes over the water service to the