Devil Creek Ranch, Inc. v. Cedar Mesa Reservoir & Canal Co.

BISTLINE, Justice.

BACKGROUND AND PRIOR PROCEEDINGS

This is the second appeal to this Court arising out of a disputed claim to water rights in Deadwood Creek. In Devil Creek Ranch, Inc. v. Cedar Mesa Reservoir & Canal Co., 123 Idaho 634, 851 P.2d 348 (1993) (Devil Creek Ranch I), this Court vacated the summary judgment granted in favor of Cedar Mesa and remanded the cause for further proceedings. The parties now dispute which issues remain in the case and the proper forum for their resolution.

Although most of the facts relevant to the present dispute are set forth in Devil Creek Ranch I,…