upr000327 3

RLA-»»-2 Big SPHISos fh® Railroad** t i t l e and righ t to the use o f the water flowing from Big Springs, Abstract #20, to the extent o f 2 c . f . s . is good, even though we have aot as yet *** o f the said water to a b e n e ficia l use. C ertificate So, 60S was eranted unon an application o f the Railroad made in 1907, and ® 2 t r t S S . S S iroed could lose it s righ t to the use o f the fu ll amount o f 2 c . f . s . would be by adverse user. Proof ot application to a b e n eficia l use o f 2 c . f . s . o f the waters o f Big Springs was made December 6, 1909. Our maximum consumption o f the waters o f Big Springs is only 22,000 gallons per month. Unless we are in a position to show that at sometime ^uringeach successive fiv e years subsequent to August 30, 1911, we applied to a b e n e ficia l use the fu ll volume o f 2 c . f . s . our righ t to _ the water from this spring in excess of 22,000 f a l^ ® mo th would be considered as having been abandoned and subject to appropriation* Ih ile there is a presumption that we have used a ll o f the water appropriated from time to time since August 30, 1911, and our continued use o f a portion thereof would negative any intention o f abandonment, s t i l l the fa ct JJ^ains ^ a t there 5al and 1 . a surplus at a ll tls.»hieh surplus In my Judgment haes s Seseinn ea. n"d Is ne,w, sub™je5ctt 5M? ' appropriation by any bona fid e appropriator. *° a*™ *ae * lghts haVe arisen. The Railroad Company is “ * 1” > f f / J " * * . maintain it s appropriation by making application o f the fu ll amount appropriated to a b e n e ficia l use* Bos. 21 and 22 do not c o n flic t. So. 23 has been abandoned. Hos. 23 and 26 do not c o n flic t. CO : DOR CARY01 S o . T H T i'i About a mile below the mouth o f Round Valley in Condor Canyon the Railroad Company has a water tank which is fille d by gravity from a spring. Yh© righ t to the use o f this waier wal procured by application to the State ^ g in e e r and in rny opinion is valid and has p rio rity over a ll other rights* to the extent o f the railroads user. Yhe water from th is orisdnally ran down Condor Canyon and was used by at lL a c a , end at the preeent time the overflow from th is tank reaches the Fanaea settlement by gravity. I t may* • * ! £ * ” f»ai>tifieate granted by the State Engineer would not take pre cthaoduegnhce thoevye /daindy nvoet stperdo treisgth tth :e granting o|f e;tghJe eaa2ppp1lJiecaSttiio5nn.,