Imperial Valley press., 1913-04-26

The Press is In receipt of copies OF
three bills introduced in the legisla-
ture by Assemblyman Moorehouse
which have passed both houses. They
are all bills which will be of value to
! this section.
| The first of these appropriates 500
geo as this states third of the cost of
a bridge across the Colorado river at
Yuma, the national government and
| Arizona having made similar appro-
prations.
| The second bill provides that any
one or more water owners can build
| an irrigation canal across property by
paying the owner of the property such
ed by appraisers.
| The third bill Is designed to wipe out
| any possible ambiguity as to what con-
stitutes a public utility. and is the
reply of the legislature to the decis-
| ion holding that the California Devel-
opment is not a public utility corpora
ton. Another feature of this bill Is OF
great importance to the valley is the
power conferred on the state railroad
commission to prevent. the extension
of irrigation works when doing so
would impair the service of land al
Iready served. The bill in full is worthy
of study:
Section /. Whenever any person,
firm or private corporation. their
lessees, trustees, receivers or trustees
appointed by any court whatsoever,
owning, controlling, operating or man.
aging any water system within this
state) sells, leases, rents or delivers
water to any person, firm or private
corporation, municipality, or any other
political subdivision of the state what
soever. except as limited by section
hereof. whether under contract or 9TH
erwise, such person, firm or private
corporation is public utility, and sub
iect to the provisions of the public
utilities of this state and the juris-
diction, control and regulation of the
railroad commission of the State of
California.
Section g Whenever any private
corporation or association is organized
for the purpose solely of delivering
water to its stockholders or members
at cost. and delivers water to no one
except its stockholders or members at
cost, such private corporation or assoc
iation is not public utility, and is
rot subject to the jurisdiction, control
or regulation of the railroad commits
sion of the State of California.
Section s. Whenever any private
corporation or association organized
for the purpose Of delivering water
solely to its stockholders or members
at cost does deliver water TO others
than its stockholders or members for
compensation, such private corporation
or association becomes public utility
aud subject to the terms of the public
utilities act and the jurisdiction. con-
troll and regulation OF the railroad
commission of the state of California
Section I. Whenever any private
corporation { or association Is organized
both for the purpose of delivering wa
ter TO its stockholders or members at
cost and to persons, firms corporations,
municipalities or other political subdl-
visions of the state in addition there
to- such private corporation or associa-
ton is a public utility and subject to
the provisions of the public utilities
act and to the jurisdiction, control and
regulation of the railroad commission
of the state of California.
Section 5. Whenever the railroad
commission, after a hearing had upon
its own motion or upon complaint,
shall find that any water company
which is a public utility operating
within this state has reached the limit
of its capacity t. supply water and
that no further consumers Of water
can be supplied from the system of
such utility without injuriously with
drawing the supply wholly or in part
from those who have heretofore been
supplied by such corporation, the rail
shall have the power to require any an
that no such corporation shall furnish
water to any new or additional con-
eumers until such order is vacated or
modified by the said commission. The
commission shall likewise have the
power after hearing upon its own mo-
ton or upon complaint to require any
such water company to allow addition
al consumers u be served when 1t
shall appear that to supply such ad-
ditional consumers will not injuriously
withdraw the supply wholly or in part
from those who heretofore had been
supplied by such public utility.
Section 6. The railroad commission
shall have the power to require any and
ali water corporations to file with the
a statement in writing de-
fining and describing the lands and
territory to be supplied by such cor
poration with water, and when such
territory is described and defined i'll
the articles of incorporation of any
such corporation or in the places of
designated use in the notices of appro-
priation under which the rights of such
corporation to appropriated water are
initiated in accordance with section
1415 of the Civil Code, and 1t shall op-
near either from said statement filed
by such water corporation or from
said articles of Incorporation Or said
notices of appropriate tion that such wa
ter corporation has undertaken to sup
DIV more consumers Or a greater num-
ber of acres than 1t can adequately
supply, the commission may require