Brandon
Rialto Irrigating District v. Brandon
Opinion
lead Opinion
Fleet, J.
Plaintiff is an irrigation district formed under the law of 1887 (Stats. 1887, p. 29), commonly known as the Wright act, having its location in San Bernardino county. In constructing its works for the purpose of supplying water for irrigation purposes to the inhabitants of the district it was found necessary to complete a proper irrigation system, to lay a certain pipe line, described in the complaint, across lands belonging to the defendants. This action was brought for the purpose of condemning a right of way for such pipe line. Judgment went for plaintiff, condemning the necessary way, and assessing damages for the taking in favor of defendants, with costs. The appeal is from the judgment and an order denying a new trial. The appeal is without merit.
1. The demurrer to the complaint was properly overruled. The objection that power is not given under the act to condemn property for the purposes sought is untenable. The argument is that the act provides only *386 for the construction of ditches and canals, and that this does not include pipe lines. The act provides for the construction of a “system of works” to irrigate the lands within the district, and by section 12 the board…