Nelson v. Anderson-Cottonwood Irrigation District

This is an original application for writ of mandate wherein the petitioner seeks an order of this court directing such writ to issue, commanding the respondents forthwith to proceed with the construction of, and speedily complete, a certain canal lateral known as number 3-1—2; and also to deliver to the petitioner, upon lands belonging to him, eleven second-feet of water. The petitioner is the owner of land situate in the Anderson-Cottonwood Irrigation District, an irrigation district formed for irrigating lands lying along the banks of the Sacramento River, principally in the county of Shasta. The lands belonging to the petitioner comprise about 1050 acres, divided into two tracts, designated as tract “A” and tract “B,” tract “B” being served by a ditch or canal, designated as lateral 3-1. Tract “A” is not susceptible of irrigation from this lateral; and before said tract can be irrigated with any degree of success, lateral 3-1-2 must be completed. Upon the hearing hereof, the whole matter was referred to the Honorable James W. Bartlett, as sole referee, to take testimony and submit findings. Upon the return of the findings of the referee, it being made to appear to the court…