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upr000153 103

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upr000153-103
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    wm Hr. Ifc Reinhardt* ' / 3 . Sept. 3,.1048 Files 00 and power to the developments of its tovnsito and the distrib­ution of water was confined to the residents of the townslte with one or two exceptions which will not be considered her®. A Resident of an abutting real estate subdivision filed an application with the then Railroad Commission of the State of California demanding that the Del Kar Water Company serve hi® with water and the Railroad Commission having deter­mined that the water company was a public utility and its facilities and supply m s sufficient* ordered it so to do. The matter went up to the California Supreme Court and the opinion of Justice Shaw, whioh 1 think pretty well establishes the general law on this subject, contains the following language* "There can be no doubt, therefore, that the Owner of a water supply may malts a limited dedication of it to public use, confining the use to such territory as he sees fit. !®or can there be any doubt that one owning a water supply Is not compelled to dedicate all of it to public use# or that he may dedicate a part of it, only, to such use, reserving the remainder for private purposes or for private sale or disposition as he sees fit. Accordingly, our deoieions^have recog­nised and haverepeatedly declared the right of a water company to moke such limited dedi­cation and to decline to furnish its water to persons not within the area it has under­taken to se ve, (Leavitt v. Lassen Irr. Co., 167 Cal. 92 (29 L.P..A. (if.S.) 213, 106 Pao. 404)} Thayer v. California Dev. Co., 164 Cal. 128, (12B Pao. 2|t§^ Price v. Riverside land etc, Co., 56 Cal. 433} Hildreth v* Mont eel to Creek later 0©., 139 Gal, 29, (72 Pao. 396)} 2 Wtel on later-rights, 3d ed., sec. 1881} Lewie on %inent^ Domain, 3d ©d., sees. 254, 313. The facts stated In the commission1® findings and opinion do not show that the Del Kar Company ever offered its water for use to-the territory in which applicant Class lived, or to any per­sons other than those buying lots from the land company or residing within the #old town* sur­rounded by the territory subdivided by the land company. Its dedication of its water, if it ) x.