Imperial Valley press and the Imperial press., 1906-06-16
Legal Opinion of Messrs. Stephens & Stephens Attorneys For Imperial Water
 Company No.
Nher the Stockholders Nor Persons Other Than Stockholders Have Ever Made Any Appropriations of Water, or Done Any Act Upon Which Claim of Right Can Be
 Based Say These Attorneys

To the Board of Directors of Imperial
 Water Company No. l, Imperial, Cal.
 Gentlemen:-It has been reported to
 us by Mir. Gleason, the president of your company, that there is at this time considerable discussion and difference
 of opinion in the Imperial Valley as to
 the nature, source and extent of the
 water rights of the settlers of the valley, and particularly those within the dis trict of Imperial Water Company No. l /; and Mir. Gleason has, in view of the Conditions, requested us to furnish your
 board with statement of the conditions and the rights of the various parties interested in the waters used within that district.
 The California Development company (and in speaking of the California De- velopement company in this letter the use of that name may be construed as well to include the Mexican company because so far as this discussion is cOn- cerned, the Mexican company and the California Development company are one), while we have never seen copy of its notice of appropriation, has, we assume, appropriated under the laws of the state of California, certain waters of the Colorado river, either for the purpose of sale, rental or distribution, and has agreed to deliver perpetually certain part of those waters to the Inn perial Water Company No. 1.
 The constitution of the state of Cali fornia, section l, article xiv, provides as follows:
 "The use of all water now appropri- ated, or that may hereafter be appro- priated, for sale, rental or distribution, is hereby declared to be public use, and subject to the regulation and con trol of the state in the manner to be prescribed by law; provided, that the rates or compensation to be collected by any person, company or corporation ill this state for the use of water supplied to any city and county, or city or town, or the inhabitants thereof, shall be fixed annually by the boarp of supervisors, or city and county or city or town council, or other governing body of such city and county, or city or town by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolu- Jions are passed by such body, and shall in force for one year and no 
 It will be observed from this provision )f the constitution that where water is supplied by corporation which has made an appropriation thereof to any ,ity and county("city and county" as lere used meaning the combined city md county government, such as the ,ity of San Francisco or city or town, he rates at which such water is sup oiled shall be fixed annually by the JOdlO Ol SupCINlpOIo UT IOWn COOIlCll UT 'ther governing body, and penalty is fixed for the failure of the board of supervisors to take such action. The California Development company, in upplying the water to the Imperial Water Co. No. 1, is not, of course, sup plying water to any city and county, or ity or town, or the inhabitants thereof, within the meaning of this provision of he constitution. The appropriation of Vater by the California Development ompany, in the manner in which it ias been appropriated, is, however, a se of water which is subject to regula- ion and control of the state lin the manner prescribed by law"
 The legislature of the state of Cali ornia in 1880 did prescribe a law for