Imperial Valley press., 1908-05-02
PETITION

Whereas, Article fourteen (4), Sec tion one CD, of the Constitution of the | State of California, among other | things, provides:
 "Sec. i. The use of all water now or that may hereafter be appropriated, for sale, rental, or dis tribution, is hereby declared to be a public use, and subject to the regula- tion and control of the State, in the manner to be prescribed by law;..... any Board or Body failing to pass the necessary ordinances or resolutions, fixing water rates, where necessary, within such time, shall be subject to peremptory process, to compel action at the suit of any parties interested, and shall be liable to such further processes and penalties, as the legis- lature may prescribe.
 "Sec. 2. The right to collect rates or compensation for the use of water supplied to any county, city and county or town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the man. ner prescribed by law"
 Whereas, the Supreme Court of the
  foregoing sections, have held as fol lows:
 "The provisions of this section are botf selfexecuting and mandatory.
 Spring Valley Water Works vs. San Francisco, 61 Cal. 18."
 The Supreme Court, in referring to the foregoing provisions of the Con- stitutlon, held:
 Under this section, the use of water for sale is public use, and the price at which it shall be sold, is matter within the power of the Board of Su- pervisors to determine.
 Spring Valley Water Works vs. San Francisco, S2 Cal. 2S6."
 The Supreme Court held: Since new Constitution, Supervisors have compensation to be collected from city and county, as well as private per sons.
 "P. w. Factory vs. Brickwedel, 60 Cal. 166-171."
 The Supreme Court held: "All ordi- nances fixing rates subsequently to the month of February, and prior to July the first, when it is required to take effect is equally valid, if passed voluntarily, as if passed under peremp- tory process.
 Fitch vs. Supervisors, 122 Cal. 285."
 The Supreme Court held: "The rule calling for supply of water upon tender of established rates precludes idea that any other duties can be implied or imposed, except tender of rates as con- 1T te,, T by law
 Grow vs. San Joaquin K. R. c. Irr. Co.,, 130 Cal 309-313."
 Supplemental to the foregoing pro- visions of the Constitution of the State of California and decisions construing She same, as cited, the Legislature of this State, Session 1885, page 95, Chap. 115, amended 1897, page 49, Chap. 52; 1901, page 60, Chap. 62, among other things provides:
 'The use of all water now appro- priated, or that may hereafter be ap- propriated, for irrigation, sale rental, or distribution, is public use, and the right to collect rates or compensa- ton for use of such water is a fran chise, and except when so furnished to any city, city and county, or town, or the inhabitants thereof, shall be regu- lated and controlled in the counties of this State by the several boards of supervisors thereof, in the manner pre- scribed in this act.
 Sec. 2. The several boards of su- pervisors of this State, on petition and notice as provided in section three of this act, are hereby authorized and re- quired to fix and regulate the maxi mum rates at which any person, com- pany, association, or corporation, hav- ing, or to have appropriated water for sale, rental, or distribution in each of such counties, may and shall sell, rent, or distribute the same"
 Section three, among other things, provides:
 That whenever a petition of not less than twenty-five (25) inhabitants, who are tax papers of any county of this State, shall, in writing, petition the Board of Supervisors thereof" the board petitiOned shall proceed to es- tablish water rates, as petitioned for, according to provisions of this section.
 Now therefore, we, the undersigned, inhaDFants of and tax payers of Im- perial county, State of California, do, in compliance with the foregoing pro visions of the Constitution of this State, supplemented by the laws en- acted by the Legislature of this State, and as interpreted by the courts of this tofO I,II,