Buena Vista Gold Mines Co. v. Boise Basin Improvement Co.

This is an appeal from an order pendente lite granted in a suit arising out of conflicting claims to the right to use, for placer mining purposes, the waters of Elk creek, the flow of which, at ordinary stages, is insufficient to satisfy the demands of all the parties. The accompanying map of the creek showing the location of ditches through which water has heretofore been diverted and by means of which some of the litigants propose to conduct it to their mines will aid in a ready and complete understanding of the controversy.

Respondent owns the Donahue ditch and claims the right to divert…