Show CITY ATTORNEY RAISES DOUBT IN WATER DEAL Questions Advisability of Proposed Pro posed Purchase of Hinnen Hinnen Hin Hin- nen La Land d j Doubt was raised as to advisability of purchasing the Claude Hinnen property in Murray artesian basin when City Attorney Fisher Harris submitted the deeds and a lease t lo to the city city- commission lor for final approval Wednesday Purchase e of the property consisting of 17 acres of land of-land land and abo about t 45 sec feet ond-feet of w water ter was authorize author several several sev sev- eral days ago by the city commission The city agreed to pay Two letters written by Mr Harris accompanied the records submitted to the commission The entire file was was handed to Commissioner Joseph H. H Lake acting head of the water department department de de- during the absence of Commissioner Commissioner Commissioner Com Com- missioner George D. D Keyser on vaca vaca- tion Mr Lake stated he would would not not offer the matter to the commission for lor dis disposition disposition dis- dis position until Mr Keysers Keyser's return to the city WATER VATER ITEM 1 UNCERTAIN The first letter addressed d to the city commission states the title to the Hinnen land is unimpeachable ble However However However How How- ever it points out that the thc title does not convey any specific water or quantity or rate of flow now of water from the wells located on the land The water it has been understood is the primary object of of- the city in buying the Hinnen property The second letter was addressed to Mayor Louis Marcus and read in part as follows You have called attention to the fact that my opinion on the title to the property is lacking in regard to water rights This was not referred to me mc and therefore I have hav not sufficient sufficient information to form to-form form the basis of an opinion wrote Mr Harris COMPLETE HISTORY To uTo To arrive vc at such an opinion it would be necessary to know the complete complete com com- corn com history so far as concerns concerns devel devel development and use of water arising on the land naturally or artificially The question raised is of present pr ent importance not only because the city should know what It is purchasing but because I am reliably assured that in the event this purchase is consummated mated immediate action will be taken to test the right of the city to withdraw with draw from this property properly the quantity of ot water hitherto claimed to have been withdrawn from it Mr Hinnen has naturally refused to warrant any specific quantity of water from his property He takes the position the city buying is-buying his la land d dand and we must determine determine- ourselves wh what i wal r rights rights' He is right in assuming this po position for tor as 35 the law now stands now stands one annot be assured of the right to an artesian flow at a a- a arate rate not in proportion to the area of lands in the basin of which it itis itis is a part 4 1 |