Imperial Valley press and the Imperial press., 1906-05-19

ton organized for or engaged in the busi- ness of selling, distributing, supplying or delivering water for irrigation pur- poses or for domestic use may in it's by laws provide that the water shall only be SO sold, distributed, supplied or de- livered to owners of it's capital stock and that such stock shall be appurten- ant to certain lands when the same are described in the certificate therefor. And when such certificate shall be so issued and certified copy of such by law recorded in the office of the County Recorder in the county where such lands are situated, the shares of stock so located on any land shall only be trans ferred with said lands and shall pass as an appurtenance thereto.
 Sec. 324 Civil Code as amended in 1895. (James H. Deering edition l9O3.)
 This section refers to the stock ot corporation organized under the laws of this State and after providing in a general way for the division of the capital stock of all corporations for profit into shares and the issuance of certificates therefor and setting forth the manner in which these stock cer- tificates shall be transferred II makes an important exception in the case of water companies. This proviso, how ever, is not mandatory upon the cor poratons engaged in the business of selling. distributing, supplying or dellv- ering water for irrigation purposes or for domestic use. Corporations en- gagged In that line of business who do not comply with the provisions of Sec ton 324 and limit their business to their stockholders only are common carriers under the laws of this State ana must file with the Board of Super visors annually statement of their property and business and the Board of Supervisors must set the price at which they must deliver water to users.
 A water user who is once supplied by such a corporation cannot thereaf- ter be denied water by Ii provided the corporation has the water to supply and the user tenders the legal price. Nor can the water company enterpose regulations or rules to shut off such party for the Supreme Court of this State has ruled in the case of Crow vs. the San Joaquin and Kings River Can al and Irrigation Co., that it is the duty of the water company to supply the user with water whether he complies with Its regulations or not, This pro- vlso regarding the stock of water com panies however gives such companies the right to limit their operations to their stockholders only and to sell, de- liver, furnish or distribute water only upon lands which are described in the certificates of stock and to which the stock is made appurtenant. The meaning of the word "appurtenant' Is given by all the dictionaries of ouT lan- guage as belonging to by right " The proviso further states that when the water company operating in accord ance with its provisions shall adopt by laws in conformity thereto and shall file a certified copy of such bylaws with the county recorder0t the county in which the land is located the shares of stock of said company located on any land shall only be transferred with said land and shall pass as an appurt- enance thereto" From the above 1t will be seen that the constitution and laws of this State contemplate the protection of the user of water in Its c continued use, free from onerous ex- actions and that the above quoted Sec