Rutherford v. Oroville-Wyandotte Irrigation District

THE COURT.

This is a petition for a writ of mandate, filed by petitioner acting in a representative capacity on behalf of certain consumers of water, to require respondent irrigation district to deliver a certain quantity of water to them at a certain rate. Prior litigation between the parties has resulted in a full statement by this court of the history of the controversy, and, as will hereinafter appear, has determined all of the issues. (See

Henderson

v.

Oroville-Wyandotte Irr. Dist.,

213 Cal. 514 [2 Pac. (2d) 803].) Summarizing the facts very briefly, the respondent district in 1922 purchased two public utilities, Palermo Land and Water Company and South Feather Land and Water Company. The purchase was made pursuant to permission given by the Railroad Commission, and under conditions specified by the commission and assented to by the respondent district and the consumers served by the utilities. The important conditions were two in number, designed to protect the interest of the consumers whose lands were not included within the boundaries of the district. In substance, these conditions were, first, that each owner should receive one inch of water, continuous flow, for every four acres of land; and second, that the outside users should not be charged more than those whose lands were inside the district. In January, 1928, the directors of respondent district adopted a resolution fixing the rate to inside users at $5 per acre-foot, and to outside users at $7.50 per acre-foot.

[126]

Petitioner, an outside user, and a former consumer from the South Feather Land and Water Company, tendered the $5 rate, which tender was refused. He thereupon filed an application in the superior court for declaratory relief, and J. C. Henderson, an outside user and former consumer from Palermo Land and Water Company, filed an application of the same nature. The superior court decided the controversy in favor of the applicants, and on appeal, the two proceedings were consolidated and the judgment was affirmed.

(Henderson

v.

Oroville-Wyandotte Irr. Dist., supra.)