La Mesa Homes Co. v. La Mesa Lemon Grove & Spring Valley Irr. Dist.

MELVIN, J.

The defendants demurred to the complaint in this case and the court sustained the demurrer without

[122]

leave to amend. From the judgment which followed plaintiff appeals.

The plaintiff corporation, according to the averments in the complaint, owns real property within the boundaries of La Mesa, a city of the sixth class, which is situated wholly within the territory of the defendant corporation. The irrigation district was created under the act of March 31, 1897, and statutes amendatory thereto. The organization of the municipality antedated the formation of the irrigation district, and it is alleged in the complaint that the city of La Mesa did not consent to the establishment of the said district. There has never been any contract between the city and the district for the supply of water for said municipality for any purpose, or for the construction of any waterworks within the city or to establish and operate public works for supplying the inhabitants of La Mesa with water. Plaintiff’s property within the city of La Mesa was assessed by the officers of the defendant, and the assessment being unpaid and delinquent, the land was sold and struck off to the district. Plaintiff prayed judgment for the cancellation of the assessment on the ground that it “was made contrary to the Constitution of the State of California, and in derogation of the powers of municipal corporations under the Constitution of said State to establish and operate public works for supplying its inhabitants with water, and in derogation of the rights of said city to furnish water to inhabitants outside of its boundaries.’’

The sole question to be determined is whether or not, under the present provisions of the constitution of California, a municipality may be included within the boundaries of an irrigation district, and land within the territory of said municipality assessed for district purposes.

Appellant’s contention is that not until the amendment of section 19 of article XI of the constitution in 1911 could a municipality

constitutionally,

acquire and operate works for the supplying of water both within and outside of its own territory ; but that since said amendment the city’s power, under the constitution, transcends any legislative grant of apparent authority to an irrigation district. It is argued, therefore, that within the city’s territory the power of the irrigation district is suspended because two municipal corporations may not, within the same territory, exercise the same authority, jurisdiction, and privileges.