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J RLA— — -5 1 © have p rio rity over Ho* 52. Ho us© has b en made o f th© water claimed under Ho* 33 sine© on or about 1908, and this right has been p ra ctica lly abandoned* Ho. 34* Under this number James Hyan has at a ll times maintained h is nights* In case o f a shortage o f water, and he could show that w® were diverting water from a defxned channel through our Wells at Calient©, h© could claim a p rio rity , unless we could establish an adverse user to th® extent o f our present requirements* Hos. 35 to 44 inclusive do not con flict* Shall #45* CARP #53 and ROS #65, She remarks in connection with Gallonte Well likewise apply to these numbers* The l o l l s at each o f these points, as I understand i t , are within the boundaries o f our right-of-w ay, and the water developed from underneath are pereulating water and belong to the Railroad Company* Again referrin g to th© Big Spring, Ho# 20 in the abstract} C ertifica te Ho. 603 Issued by the State Engineer is fo r 2 c . f . s . or 48,000 gallons per hour. Measurements made by R* K. Brown in 1907 gives the flow at 54,000 gallons a n h ou r.. Th® tota l excess o f water risin g and flowing from this spring over and above the Railroad requirements, owing to Its quantity, quality and loca tion may interest someone at any time, a n d ir a bona fid e application is made to appropriate and apply this water to a b en eficia l use, th© Railroad w ill lose a . righ t that could, in a ll p robability, be p rofita b ly u tiliz e d at Caliente fo r railroad , domestic and other purposes. in my opinion experience no d iffic u lt y from a legal standpoint in securing th© necessary authority from the State Engineer to change the manner and place o f use o f the water o f dig Springs in excess o f our maximum requirements for railroad purposes at the spring. Formal application^would be required for permission to change the manner, character and place o f use. An amended or new application should be made fo r any lite r In e x e s o f g . e . f . s . I f a mea.ur.Bent show, an excess.