Mandamus—Irrigation Company—Withdrawal of Supply.—Mandamus will lie in favor of an owner of land who has granted a right of way to an irrigation company in consideration of the privilege of purchasing water from it for irrigation, and to whom it began to supply such water, ■ hut afterward withdrew the same for the purpose of supplying other owners.

Id.—Object of Corporation — Supply of Water for Irrigation-Pleading—Findings.—Where one of the objects of an irrigation company is to supply water for the purpose of irrigation, it is sufficient, in a complaint for mandamus to compel such supply, to state such object, and the duty and legal liability of defendant to supply water to the plaintiff in execution of such object, and it is not necessary that other objects of the corporation not involved, or only remotely so, should be enumerated in the complaint, or that there should be a finding as to them.

Id.—Insufficiency of Supply for All Who Need Water—Immaterial Issue.—An answer to the-complaint for mandamus, denying that it has sufficient water to supply the plaintiff and all the lands that lie under the flow of the ditch that need water for irrigation, without an averment that others have demanded or purchased water, raises no material issue.

Id.—Expected Deprivation of Supply.—An expected deprivation of the supply of water to the irrigation company in the future is no sufficient answer to a mandamus proceeding to compel it to furnish water to the plaintiff from its present supply; but any future deprivation of water will be an answer to any demand therefor under the judgment in the case.

Id.—Public Use—“Appropriation” of Water for Sale or Distribution—Construction of Constitution.—In section 1 of article IV of the constitution, malting the use of all water appropriated for sale, rental, or distribution a public use, the term “appropriated” is not limited to water acquired by appropriation under the Civil Code, but when water is designed, set apart, and devoted to purposes of sale, rental, or distribution, it is “appropriated ” to those uses, or some of them, and becomes subject to the “public use” declared by the constitution, without reference to the mode of its acquisition.

Id.—Duty to Continue Supply—Construction of Code.—Under section 552 of the Civil Code, it is not only the duty of an irrigation company to continue the supply of water to lands that it has sold, but it is also its duty to continue to furnish water to those within the flow and on the line of its ditch who are cultivating land which has been furnished with water for irrigation, at such rates and terms as may be established by the corporation in pursuance of law.