Lamb v. California Water & Telephone Co.

— A contract entered into more than 50 years ago in connection with the water which is made available for irrigation by the Sweetwater Dam in San Diego County, is the basis of the appellant’s action for declaratory and other relief. By that contract, the respondent’s predecessor in interest gave a perpetual right to the use of water upon a certain tract of land. The respondent, a public utility, now refuses to supply water except upon the payment of-the rates fixed for all users.

In the year 1884, Erastus Lake acquired certain lands riparian to the Sweetwater River. Two years later, the San…