Hand

This is an appeal from a judgment of the superior court of El Dorado County denying a petition for a writ of mandate to require the exclusion of 517 acres of land from the El Dorado Irrigation District on the ground that the tract would not be benefited by the proposed district irrigation system for the reason that the petitioners already had access to an adequate independent supply of water for all useful and necessary irrigation purposes.

April 7, 1925, the El Dorado Irrigation District was duly organized, including within its territory petitioners’ 517-acre tract of land. Subsequently the petitioners filed with the board of directors of said district their application to exclude this entire tract from the district on the grounds above mentioned. This petition was duly noticed, heard, and denied. Prom the order of the board of directors refusing to exclude this tract of land from the irrigation district, the petitioners sued out a writ of mandate in the superior court. Upon hearing in that court, the proceedings which were taken before the board were introduced in evidence and additional testimony was adduced. The superior court denied the writ, adopted findings and entered…