Lagunitas Water Co. v. Marin Cty. Water Co.

This is an appeal by plaintiff from an order denying its application for an injunction pendente lite and dismissing the order to show cause why it should not be issued.

The application for the order was heard upon the complaint and affidavits produced on both sides.

The complaint alleged that plaintiff is the owner of an undivided one-third interest in a tract of land known as the Berry Ranch, in Marin County (particularly described in the complaint) and that said tract is riparian to a natural watercourse known as Lagunitas Creek; that said creek rises upon the slope of Mount Tamalpais, flows thence in a northerly direction into the Lagunitas Reservoir owned by defendants, and thence through the premises of plaintiff for about seven miles; that the water of this creek at and above the easterly boundary line of the premises of plaintiff flows continuously during the year until the late dry season, .when the waters thereof above said point sink and flow underground, coming to the surface again upon the premises of the plaintiff; that said cr^ek, by itself and its tributaries, carries all the waters falling upon the watershed thereof east of the boundary line of the plaintiff, and…