Department of Public Works v. Superior Court

This is an application for a writ of prohibition to restrain the respondents from proceeding with the hearing and determination of a petition for a writ of review pending in the respondent court.

It is alleged in the petition that Frank and Carl Lang-ford, on the twelfth day of September, 1908, duly posted a notice of appropriation of the running water of the Klamath River to the extent of 500,000 inches, measured under a four-inch pressure (10,000 second-feet), and on the eighteenth day of the same month recorded a copy of the notice in the office of the recorder of Siskiyou County; that said appropriation was maintained according to law and was, on July 21, 1922, transferred to Electro Metals Company, a trust organization, which is the present owner and holder thereof; that on November 17, 1922, the said Electro Metals Company filed an application under section 12 of the Water Commission Act (Stats. 1913, p. 1012) in the office of the Division of Water Rights in the Department of Public Works for a certificate prescribing the time within which the full amount of its acquired water appropriation should be applied to a useful and beneficial purpose; that after ) duejnvestigation…