Bonslett

Mandamus. Plaintiff brings the action to compel defendant to deliver water to plaintiff’s land in accordance with the agreement set forth in his amended complaint. It is alleged that defendant is a corporation formed “for the purpose of appropriating and selling water for irrigation and domestic purposes in the county of Butte, . . .’ and of constructing and maintaining a system of canals, main branch and lateral ditches for the distribution and sale of said water so appropriated by it”; that “defendant has heretofore constructed and is now the owner of a certain system of canals, main branch and lateral ditches diverting water from Feather river and conveying the same to various points in Butte and Sutter counties”; that part of said system of canals is a certain canal which diverts water from the west side of said river, about five miles below the city of Oroville, following the contour of the country south through Butte county into Sutter county herein designated for convenience “Butte County Canal”; that, in addition to said canal, defendant is also “the owner of certain other canals, main branch and lateral ditches aggregating twenty miles in length, exclusive of said ‘Butte…