Sleeper

Petitioner makes original application to this court for a writ of mandate requiring respondents to establish the boundaries of a proposed county water district sought to be organized under the County Water District Act approved June 10, 1913 (Stats. 1913, p. 1049), and to call an election “for the purpose of determining whether such water district shall be incorporated.”

A petition for the formation of such district was presented to the respondents, and after due hearing the board found that “no lands situated in said proposed water district will be benefited by said district or the formation thereof” and denied the petition.

The proposed district embraces a large territory. About one-fifth thereof is composed of a number of valleys around Clear Lake and the remainder is mountainous. The petition is silent as to the purposes for which it is proposed to organize the district, except such as may be inferred from the law itself. The source of water supply is not stated. It is apparent that all of the lands of the proposed district cannot be irrigated and the petition does not disclose where the water, if any, is to be applied. The evidence produced at the hearing before the board…