[1] Water Company—Service to Municipalities—Fixing op Bates— Jurisdiction op Bailroad Commission — PPelio Utility. — The jurisdiction of the railroad commission to fix the rates to be charged by >a water company for water supplied to municipalities depends upon whether, as regards the services for which the charges are sought to be imposed, the company has actually devoted its property to a public use.

[2] Id.—-Service por All Purposes-—-Dedication to Public Use.—A water company which has dedicated its service impartially to all municipalities requiring such service is dedicated to a public use.

[3] Id.—Supplying Water tor Municipalities—Bight to Compensa-' tion.—A water company supplying water to municipalities must be compensated for the cost of operating and maintaining the portions of its system devoted to the requirements of such municipalities, and the “services” in return for which the charges are imposed are those involved in supplying the water and maintaining the system.

[4] Id.—Water Service to Municipalities—Fixing of Bates—Power of Bailroad Commission—Constitutional Law.—The fixing of charges for water supplied to municipalities by a water company is within the rate-fixing power of the railroad commission, and is not an interference with municipal money or property or the imposition of a tax in violation of section 13 of article XI of the state constitution, nor an interference with a “municipal affair” within the meaning of sections 6 and 8 of article XI.

[5] Id.—Fixing of Bates—Omission to Fix Bate Base—Failure to Allege on Application for Behearing—Objection on Certiorari Proceedings Precluded.—In view of the terms of section 66- of the Public Utilities Act, municipalities which in their application to the railroad commission for a rehearing of the matter of fixing rates to be charged them by a water company for supplying water fail to specifically set forth the alleged failure of the commission to fix a rate base for its order, are precluded from urging such objection in the supreme court on certiora/ri proceedings.

[6] Id.—Bates not Confiscatory.—The requirement that municipalities pay a water company for its service a sum amounting to less than ten per cent of the total revenue allowed the company does not exceed the jurisdiction of the commission nor amount to confiscation, where the cities are receiving all of their water fire protection from the company, and, in conjunction with the domestic and industrial consumers, are using the entire water supply, pumps, reservoirs, transmission lines, all the mains of four inches in diameter and all the larger mains, aggregating approximately four hundred and forty miles in length, and are having the use of special service and higher pressure in the case of sudden demands caused by large fires.

[7] Id. — Discretionary Finding of Commission — Availability of Water Project—Finding Conclusive on Certiorari.—The supreme court will not, on certiorari proceedings to review an order of the railroad commission fixing water rates to he paid by municipalities, disturb the discretionary finding of the commission as to whether a certain water project would he available to the needs of the consumers during the year for which the rates are imposed.

[8] Id. — Financial Inability to Meet Bates — Effect of. — The financial inability of municipalities to meet the water rates fixed by the commission is a matter of expediency to he weighed by the commission, and cannot he considered by the court in a proceeding attacking the legality of the charges.