Rich

This is an appeal from the judgment herein requiring the defendants to “proceed to hear and act upon” the plaintiff’s “application for a permit to appropriate” ten second-feet of the water in Lindsay Slough, a tributary of the Sacramento River, for municipal purposes.

The complaint sets out the application in full, including a map which accompanied and was made a part of the application. The parts of the application material to the questions raised by the appeal are as follows: “The use to which the water is to he applied is for municipal purposes. . . . The pipe line to he 24 miles in length, terminating in the existing water supply of Vallejo near Cordelia, in the S. E'. % of the N. E. 14 of See. 12, Tp. 4 North, R. 3 West, M. D. M. . . . For sale at Cordelia to supply the cities of Vallejo, Benicia, Suisun, Fairfield and adjacent territory in the County of Solano having a present population of 25,559. . . . The maps filed herewith only show the pipe line extending to Cordelia, as that is the extent to which applicant intends to construct it, and at that point he will wholesale the water to such of the communities mentioned with which he may be able to negotiate favorable…