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April 24, 1958 MEMO TO THE PILE. Cal Cory gives the following information about the wells at Dry Lake': Tompkins, the well driller employed by Wells-Stewart Construction Co., Inc. to drill the well at Dry Lake, consulted Mr. Thorne, the Assistant State Engineer in Las Vegas, before commencing the well and he was assured that he had the right to drill the well without taking a permit under the provisions of Section 534.050. He was told, however, by Mr. Thorne that a permit would have to be issued in order that the contractor might be able to use the water, if water is developed. The well now being drilled is about 250 feet away from the Railroad's Well No. 1. This well was drilled in June, 1905* was used until about 1920, was then worked over and fitted with perforated pipe and continued in use until the present time. It has 12" casing at the top and 8" casing at the bottom. It is 500 feet deep. The Artesian level rises to 264 feet below the surface of the ground and when pumped this goes down to 284 feet. The customary way of use is to pump water from the well into a 70,000 gallon storage tank and the water is then used from this storage tank for domestic purposes of the section crew and some times for supplying locomotives. Well No. 2 was drilled in 1925. It is a much larger well with 20" casing all the way down and is being produced under lease to a third person. Cory thinks we never had any permit to drill the well in the first place and that we have never obtained any permit since under which we have any right to use this water for ourselves, much less lease it to someone else. The following is a summary of some of the appropriate sections of the Nevada Revised Statutes: 533.025. All water belongs to public. 533.030. Subject to existing rights, all water may be appropriated for beneficial use as provided in this chapter, and not otherwise. 533.035. Beneficial use shall be the basis, the measure and the limit of the right to the use of water. 533.045. Right to divert ceases when necessity for use does not exist.