Yolo Water & Power Co. v. Superior Court
Opinion
Lead Opinion
The opinion filed in this matter on the seventh day of August, 1919, ruling upon the demurrer to the petition is vacated and set aside and the following opinion of the court in said matter is hereby substituted therefor: The application is for a writ of prohibition to prevent said court and the judge thereof “from hearing, entertaining, passing upon, proceeding with, trying and deciding” any and all matters and issues in a certain action pending in said court wherein the people of the state of California is plaintiff and the said Tolo Water and Power Company is defendant. The petition herein shows that said company constitutes a public utility, engaged in the sale, rental, and distribution of water for irrigation; that in pursuance of said purpose it is diverting and distributing the waters of Clear Lake flowing down Cache Creek for the irrigation of certain farming neighborhoods in the counties of Tolo, Colusa, and Solano, amounting to more than two hundred thousand acres; that said lands are owned by several hundred different proprietors and are planted and devoted to various agricultural products; that artificial irrigation is needed for the proper growth and maturity of these…