Rollins

This is an appeal from an order granting a new trial.

The action is in eminent domain to condemn a right of way for the conveyance of water. The plaintiff is engaged in the business of storing, selling, and distributing water, for power, mining, irrigating, domestic, and other purposes, and particularly for supplying counties, cities, and towns, etc., in the state of California, and the inhabitants thereof, with water for all of said purposes. To carry out these objects, it has constructed and now maintains and operates canals, reservoirs, dams, ditches, flumes, aqueducts, and all such other works, structures, machinery, and appliances necessary for the collection, storage, and distribution of water for the purposes mentioned. The plaintiff, it appears, was, at the time of the commencement of this proceeding, constructing a large storage reservoir in the county of Nevada, called “Lake Spaulding Reservoir,” through which the South Yuba River flows, and owns the right to divert and appropriate from said river at said reservoir eleven thousand or more miner’s inches of water, and has near the outlet of said reservoir constructed an aqueduct through which it proposes to conduct and…