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Full text of "Water resources survey, Sweet Grass County, Montana"





Part I: 

HISTORY OF LAND AND WATER 
USE ON IRRIGATED AREAS 



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Published by 

STATE ENGINEER'S OFFICE 
Helena, Montana, Jul// ^^50 



ATEM RESOURCES SURVEY 



SWEET GRASS, COUNTY 
MONTANA 



Part 1 
History of Land and Water Use 



on Irrigated Areas 




l y. . . .i j COUfiTieS PREVIOUSLY SUflV£Y£0 



Published by 

STATE ENGINEER'S OFFICE 

Helena, Montana 

July, 1950 



STATE ENGINEER'S OFFICE 

Fred E. Buck -__ — _^ State Engineer 

Hans L. Bille „ „ ™-__ Assistant 



STATE WATER CONSERVATION BOARD 

Governor John W. Bonner Chairman 

O. S. Warden Vice Chairman and Secretary 

Fred E. Buck . — — _ Member and Consulting Engineer 

C. H. Raymond ^ „„.„._ ____. Member 

John B. David . \ Member 

Ralph H. Fifield . „ „„ Chief Engineer 

R. J. Kelly _ ____ . Assistant Secretary 



MONTANA STATE AGRICULTURAL EXPERIMENT STATION 

O. W. Monson, Irrigation Engineer, Consultant and Project Leader, Bozeman 



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July, 1950 

Hon. John W. Bonner 
Capitol Buildins 
Helena, Montana 

Dear Governor Bonner: 

Submitted herewith is a consoUdated report on the Water Resources 
Survey of Sweet Grass County, Montana. This work is being carried on by 
funds made available to the State Engineer by the Thirty-first Legislative 
Session, 1949, and in cooperation with the State Water Conservation Board. 

The report is divided into two booklets — part one consisting of history 
of land and water use, irrigated lands, water rights, etc., while part two con- 
tains all of the township maps showing in color the lands irrigated from 
each canal. 

The office files contain minute descriptions and details of each individ- 
ual water right, water and land use, etc., which are too voluminous to be 
included herein. These office files are available for inspection to those who 
are interested. 

Respectfully submitted, 

FRED E. BUCK, State Engineer 



III 



TABLE OF CONTENTS 

Page 

Foreword X 

Method of Survey „.„.„._, .^„.„„ 4 

Sweet Grass County 

History „ 5 

Organization 5 

Transportation 6 

Climate . ^ g 

Soils . „„„ ...__ „ 7 

Crops _„ , „ g 

Livestock g 

Water Supply _._ 9 

Big Timber State Fish Hatchery Unit „ 10 

Gallatin National Forest — Big Timber District ._ 12 

Summary of Irrigated Land 

Counties Completed to Date „ ^_14 

Sweet Grass County. „ „„ 15 

Irrigation Systems and Ditch Companies 

Auwater Ditch Company 20 

Big Timber Creek Canal Company.. „_ 20 

Company (Boggs) Mutual Ditch ^. 21 

Conwell Mutual Ditch _„ 22 

Dry Creek Canal Company 22 

Ellison Mutual Ditch 23 

Harrison Mutual Ditch ^ 24 

Hogan Ditch Company 24 

Hunters Hot Springs Canal Company... .„ 25 

Kent Mutual Ditch _„ .— -_ 26 

McLeod Mutual Ditch , 27 

Pioneer Ditch Company _„ 28 

Post-Kellogg Mutual Ditch 29 

Prather-Mayborn-Westfall Mutual Ditch „..30 

Sweet Grass Canal and Reservoir Company... „„„ _._ 31 

Ten Mile Ditch Company „„ . 32 

Decrees 

American Fork Creek and Tributaries 33 

Big Coulee Creek „ 35 

Big Timber Creek and Tributaries — ^ „„.38 

Bridger Creek 46 

(Lower or East) Deer Creek and Tributaries 46 

Devil Creek . 48 

Duck Creek and Tributaries . „„ 48 

Elk Creek „ 55 

Fish Creek and Tributaries „.56 

Jarrett, or Wright, Creek and Tributaries _ 58 

Little Big Timber Creek and Tributaries 59 

{North Fork) Otter Creek and Tributaries..^ ..„_ 60 

Sheep, or Mendenhall, Creek and Tributaries „_ 60 

Spring Creek „ 61 

Sweet Grass Creek and Tributaries 62 

Warm Springs, or Fistecator Creek „„„ 71 



IV 



ACKNOWLEDGMENTS 

A survey and study of water resources involves many phases of work 
in order to gather the necessary data to make the information both complete 
and comprehensive. Appreciation of the splendid cooperation of various agen- 
cies and individuals who gave their time and assistance in aiding the gathering 
of data for the preparation of this report is hereby acknowledged. 



Sweet Grass County Officials 

Thos. Anderson, Chairman J. T. Clark, Commissioner 

Fred B. Smith, Commissioner 
Dick Armstrong, Clerk & Recorder Beulah Patterson, Clerk of Court 

Roy S. Webber, Assessor 

F. B. Peterson ...County Extension Agent 

L. F. Gieseker 

Associate Agronomist, Montana Agricultural Experiment Station 

Dorothy Traver Sweet Grass Abstract and Audit Co. 

R. A. Dightman — __ Section Director, U .S. Weather Bureau, Helena 

Alban Roemer _ District Ranger, Big Timber District 

Forest Keller ^ Foreman, Big Timber State Fish Hatchery Unit 

Irrigation systems with names of those users from whom 
much of the information was received: 

Auwater Ditch Company Berent M. Berg 

Big Timber Creek Canal Company .__ Harry Plaggemeyer 

Company (Boggs) Mutual Ditch ^ R. Home 

Conwell Mutual Ditch... „ joe Mathis 

Dry Creek Canal Company E. J. Roberts 

ElUson Mutual Ditch __ Claude Gray 

Harrison Mutual Ditch H. P. Forsythe 

Hogan Ditch Company „...„ Fred Tucker 

Hunters Hot Springs Canal Company . __.. Mrs. Donald McKenzie 

Kent Mutual Ditch ___. Mrs. Adolf Myrstol 

McLeod Mutual Ditch . _„ j, f_ Clark 

Pioneer Ditch Company .„__ John Boe 

Post-Kellogg Mutual Ditch Jess Duncan 

Prather-Mayborn-Westfall Mutual Ditch John Carney 

Sweet Grass Canal and Reservoir Company. Harold Faw 

Ten Mile Ditch Company Lavold Brothers 



The State Engineer's Office, Water Resources Survey, hereby expresses 
sincere appreciation to the many ranchers and farmers who have given their 
helpful cooperation in this survey. 



FOREWORD 

In nearly all of the 17 Western Reclamation States a water right is obtained by first making 
a filing with some legally designated central state agency— usually the State Engineer's office- 
setting forth the amount of water desired and the area proposed to be irrigated. A study is then 
made of the sufficiency of the water supply and, if found adequate, a permit for use of the water 
is issued and recorded. If studies show that the stream is depleted, the application is denied. The 
procedure in Montana, however, is vastly different. 

In Montana a right to the use of water from a stream not adjudicated by the courts is acquired 
by posting a notice on the stream and fihng a copy of same in the office of the county clerk of the 
county wherein the appropriation is located, and by proceeding to divert and use the water. Where 
a person diverts and uses water from a stream without posting or filing a notice, a water right 
based thereon has been recognized as valid by the courts. Whenever it becomes necessary to adju- 
dicate the stream, both methods of acquiring rights have been recognized by the courts, and the 
amount of water finally decreed and dates of priority in either case are determined by the evi- 
dences and proofs. 

Under Montana law there is no restriction as to the amount of water one may designate in 
his notice of appropriation. As a consequence, the amount set forth in the filing in no way indi- 
cates the amount being diverted and used, nor does it show whether or not the water was ever 
used at all to perfect the right. Nor is there any relation whatsoever between the amount filed 
on and the normal flow of the stream. To further complicate this matter, our courts have made 
it almost impossible to prove the abandonment of a water right. 

There is no central office in the State where recordings are filed, or any supervision over 
the distribution of water from unadjudicated streams. One wishing to study the vahdity of a water 
right must make a search of the county records wherein the stream is located and perhaps two, 
three, or more counties if the stream courses through them. About the only result one will accom- 
phsh by such a research will be a tabulation of the dates of fihng. The amounts of water filed 
on will be of no consequence; there is no conclusive evidence that the recorded appropriations 
have been perfected, and there is no record of the rights which are being used but never recorded. 
Therefore, a purchaser of ranch property, where he has to depend upon irrigation from a stream 
that is not adjudicated, has no way of determining the validity or priority of his water right. He 
has no assurance of the value of the right until the stream is adjudicated by the court, when 
each claimant must prove his claim by material witnesses. 

The pioneers who are able to offer direct testimony in adjudication suits are rapidly passing 
on. One phase of this Water Resources Survey is to obtain all of the first-hand information pos- 
sible on water and land use from the "old timers" who are left, before it is too late. These data 
will include every known water right up to the time of completing the work in the respective 
counties, and the information will be on file for inspection in the State Engineer's Office. At the 
time of this publication, Yellowstone, Carbon, Stillwater, Big Horn, Custer, Rosebud, Musselshell, 
Golden Valley, Wheatland, Meagher and Sweet Grass counties are completed, with work pro- 
gressing on Park and Treasure counties. A prospective land purchaser, after studying the record 
in any of the above named counties, may have a good idea of the sufficiency and priority of the 
water right appurtenant to the land in question. 

In this and succeeding volumes of the data compiled by this Water Resources Survey, it is 
the intention to provide as much information as is possible relative to the water right records of 
the various counties, as well as to assemble such other information as may be available from all 



— 1— 



sources having knowledge of these various water rights. Every precaution is being taken to avoid 
errors in the compilation of these data. 

The results of this work were used in negotiating the Yellowstone River Compact between 
the States of Wyoming, North Dakota and Montana. In arriving at an equitable division of the 
waters between the states, it was necessary for Montana to have a catalog of its irrigated land 
and water use. This same question will undoubtedly arise in other river basins. It is highly im- 
portant that Montana gather such data, and thereby be able to defend its water rights in the 
development of the great river basins of the Missouri and Columbia rivers and the international 
streams between Canada and Montana. 

The subject of water rights is coming more and more into prominence as the rapid expansion 
of our irrigated area proceeds under the impetus of both State and Federal development pro- 
grams. As new canals are dug and old canals and ditches are enlarged and extended, the relative 
area of land to be irrigated, compared to the water supply available for irrigation, becomes greater, 
and a competition for the hmited water supply results, which often develops into controversy 
over the right of use of the water. 

In a strict sense a "water right" on a live stream does not imply ownership in the same way 
as does a deed to a tract of land or a certificate of title to an automobile. A water right implies 
only the right to divert and use the water. Water when stored in a reservoir, however, is recog- 
nized as real property which may be sold or disposed of as desired by the owner. The ownership 
of the water of our rivers and streams rests in the State and the rules under which the State 
grants to the individual the right to use these waters are known as Water Right Laws. 

The early settlers in Montana took up land under the provisions of the Homestead Law of 
1862 and the Desert Land Act of 1877. The form3r Act gave 160 acres of land to anyone who 
settled on it and put it into cultivation. The latter deeded 640 acres of land to anyone who would 
irrigate it and pay the government $1.25 per acre. In 1890, filings under the Desert Land Act 
were reduced to 320 acres. The construction of ditches on desert claims was in compliance for 
title to land rather than for irrigation, and little attention was paid to the water supply available. 
Consequently miles of ditches were dug in Montana through which no water ever flowed. This 
is especially true in the drier parts of the state, where the diversions were made from intermit- 
tent streams. 

In the more fertile mountain valleys irrigation was given more importance than in the plains 
country. Live streams provided a dependable source of water supply and the ditches which tapped 
them were designed to actually carry water, not meiely to comply with a legal requirement to 
obtain title to a piece of land. Thus, the right to diversion and use of water for irrigation became 
as important as the acquisition of title to the land. 

But, while the government granted a patent deed as evidence of title to the land upon proof 
of compliance with the Homestead Laws, there was no deed, certificate of title or other legal 
instrument offered as evidence of title to a water right. 

Water rights refer also to other uses than irrigation. Thus, the authorized use of water for 
mining, power, fish hatcheries, bird refuges, recreational purposes, municipal needs for culinary 
supply and sewage disposal, manufacturing, or navigation, all may become valid water rights. 

The first irrigators took for granted their right to use water from creeks or rivers for irri- 
gation. They saw water going to waste and appropriated it to their needs. It was as free to them 
as the air they breathed. They made no official record of the game they shot for food or the 



—2— 



fish they caught in the streams and hkewise considered it unnecessary to make official record of 
the time, place, or the amount of water diverted for irrigation. However, time has changed these 
conditions and it is now necessary to record the game killed and limit the fish catch, and also 
file a claim for the water appropriated from the streams and rivers for irrigation or other use. 

When game was plentiful, no one concerned himself with the number of deer a person killed, 
but when game became scarce, steps were taken to prevent a few persons from taking more than 
their share while others had to go without. To do this it became necessary to issue hcenses or 
permits to kill game and also a keep a record of game killed, a practice which is still followed. 

Likewise, when only a few settlers diverted water for irrigation and the supply was more 
than enough for all, no one was concerned about the exact amount used by any one person. But 
as more and more settlers constructed diversion dams and ditches and tapped the rivers and 
streams for irrigation water, it soon became evident that there would not be enough water for 
all. Thus, a year with low water brought about disputes over the division of the supply. The 
older settlers, in such cases, demanded that the later comers close down their headgates and refrain 
from taking water, in order that the prior appropriations might have a full supply. The later 
users, on the other hand insisted that the available supply be divided among all users so that 
all might share alike. 

Thus, progressive over-development of irrigaiton, together with the occurrence of seasons of 
water shortage, combined to bring about the enactment of Water Right Laws in the Western 
States where irrigation is practiced. 






METHOD OF SURVEY 

Data incorporated in this report were obtained by the field survey method in cooperation 
with the irrigators on the land. 

For irrigation systems under private ownex'ship, water users were asked for specific infor- 
mation as to the source of water, present acreage irrigated, potential irrigable acreage under 
existing works, seeped acreage, condition of irrigation system, type of system, water supply, dates 
of priority, and the amount of water appropriated or decreed. This information was then recorded 
on a field form and later checked as to its authenticity. 

The information in regard to the location of the irrigation system, present irrigated and po- 
tential irrigable lands under existing works, was indicated on aerial photographs with the exact 
location of each shown, and the various systems distinguished by color. 

After the field survey was completed, the information was mapped on township maps from 
the aerial photographs, by means of projection, to insure the utmost in accuracy. In addition to 
the information pertaining to irrigation, all culture, drainage, section lines, etc., were mapped in 
order to make complete and authentic township plats for the area concerned. This information 
was then mapped by farm units on individual farm forms that show the farm boundary, the 
location and type of irrigation system, location of irrigated and potential irrigable lands, present 
irrigated acres, potential irrigable acres under existing works, types of system, source of water, 
etc., with water filings attached. If the field survey information was complete, these individual 
farm forms were completed in the office. If not, the water user was again contacted in an attempt 
to complete the form. After these farm unit forms were completed, a summary was made of each 
township, which shows the name of the water user, section, township and range, source of water, 
whether a user has a private iri'igation system or is under a ditch company or irrigation district, 
acres irrigated from each source, present irrigated acres, potential irrigable acres under existing 
facilities and maximum irrigable acres. The summary given in this report was tabulated from 
these township summaries to show the totals for the county. After this was accomplished and a 
final check made, color separation maps were drawn which included from three to ten separa- 
tion plates, depending on the number of colors that appear on the final township map in Part 2 of 
this report. Section and township corner locations were obtained by the photogrammetric system, 
based on Government land classification maps, county maps, plane table sheets and other sources. 

This is the first survey of its kind ever to be consummated in the United States. The value 
of this work has been well substantiated by giving Montana its first accurate and verified infor- 
mation concerning its water resources under existing irrigation facilities. New lands to be devel- 
oped by State and Federal construction agencies are not within the scope of this report. No 
effort has been made to analyze economic possibilities, or the problems of the irrigated projects, 
or to make recommendations as to their future development. The facts presented are as found and 
provide the items and figures from which a detailed analysis can be made. 



—4— 



GENERAL INFORMATION ABOUT 
SWEET GRASS COUNTY 

HISTORY 

The first white men to enter the lands now embraced in Sweet Grass County were William 
Clark and his party when they passed down the Yellowstone River in 1806 on the return of the 
Lewis and Clark Expedition from the Northwest. Transitory hunters, trappers and traders were 
the only other white men to venture into this area, the hunting grounds of the Crow Indians, 
until 1864 when John Bozeman blazed an east and west trail through the district. A few years 
later, in 1871, with the aid of a military escort, a Northern Pacific survey crew ran lines along 
the future route of the railroad. 

The first permanent settler arrived in 1873 and farmed near the mouth of Duck Creek. 
Shortly afterward, stockmen drove herds of cattle and horses into the Sweet Grass and Big 
Timber valleys. The first great influx of settlers arrived with the construction of the Northern 
Pacific Railroad through the Yellowstone River valley in 1882. 

The first stage road traversed the benches of the Yellowstone on the north bank. A stage 
stop situated at the mouth of Big Timber Creek was called Big Timber, after the creek. With 
the construction of the railroad on the south bank of the Yellowstone, and thus mail delivery by 
train, the town of Dornix, meaning cross rivers, was estabhshed on the west bank of the Boulder 
River opposite the mouth of Big Timber Creek. Because of steep grades west of Dornix the train 
was forced to pass on its westward trip and stop on the benches above to discharge passengers, 
mail and freight. The Railroad Company erected a depot on this spot in 1883 and the business 
of Dornix gradually moved to the newly founded town which acquired the name of Big Timber, 
after the abandoned stage stop on the north bank of the Yellowstone River. 

During the '80's the western part of the Crow Indian Reservation transferred to federal own- 
ership and in turn was acquired by private individuals. Along with the transfer, stockmen moved 
their herds onto grazing lands south of the Yellowstone River and established home ranches in 
the stream valleys. 

Sweet Grass County was created on March 5, 1895, having its name derived from Sweet 
Grass Creek. Big Timber was designated as county seat in the creative act and confirmed by 
election in 1896. 

Land was acquired by ranchers and farmers by purchase of railway land, and granted land 
under the Homestead Act and Desert Land Act. Dry land cropped acreage increased until 1918 
when the severe drought caused marginal farm lands to be abandoned and the land reverted to 
range. Stock raising, however, has always been Sweet Grass County's greatest industry. Farm- 
ing has increased since 1937 when climatic conditions became more favorable, but continues to 
remain considerably less than prior to 1930, the start of the most protracted ten-year drought in 
the history of the Northern Great Plains. 

SWEET GRASS COUNTY ORGANIZATION 

The area now embraced in Sweet Grass County was included in Gallatin County by an Act 
of the first Territorial Assembly of Montana, approved February 2, 1865, creating the nine orig- 
inal counties. Sweet Grass County was originally formed March 5, 1895, from Park County which 
was formed February 23, 1887, from a part of the original Gallatin County. Stillwater County 



--5— 



was created March 5, 1915, from a portion of Sweet Grass, Yellowstone and Carbon counties. 
Some of the lands embraced by the proposed Stillwater County were at that time transferred to 
Sweet Grass County and some of the lands in Sweet Grass County were transferred to Stillwater 
County in an effort to even the county hnes. On October 4, 1920, Golden Valley County was 
created from a portion of Sweet Grass, Stillwater and Wheatland counties, this being the most 
recent boundary change of Sweet Grass County. 

Sweet Grass County is an irregularly shaped area located in the south-central portion of 
Montana and bounded on the east and south by Stillwater County, on the north and east by 
Golden Valley County, on the north by Wheatland County, on the west by Meagher County, 
and on the west and south by Park County. It comprises an area extending approximately 45 
miles east and west and 70 miles north and south; however, it embraces only approximately 
1,845 square miles due to its extremely irregular boundary. In the northwest it embraces a por- 
tion of the Gallatin National Forest in the Crazy Mountains; in the south it embraces portions 
of the Gallatin and Custer National Forests in the Beartooth Mountain Range. Big Timber, the 
principal town and county seat of Sweet Grass County, is centrally located in the county and 
serves as the trading center for the area. 

TRANSPORTATION 

The main Une of the Northern Pacific Railway passes through Sweet Grass County east and 
west closely following the Yellowstone River, and is paralleled by U. S. Highway 10. State High- 
way 19, running north and south, connects Big Timber with Harlowton. Both highways, Nos. 10 
and 19, are oiled. Big Timber, the county seat and principal supply and shipping point for the 
county, is also served by the Greyhound Bus Line and several auto freight lines. The nearest 
commercial air fields are located at Bozeman and Billings. 

Aside from these transportation facilities the area is well suppHed with graded county roads 
which make the main highways and railroad shipping points accessible the year round. 

CLIMATE 

Due to the topographical features of Sweet Grass County, there are extreme climatic con- 
trasts between valley bottoms, plateau areas and mountainous uplands, with the Beartooth Range 
on the south and the Crazy Mountains on the west stx*ongly influencing cUmatic conditions. In 
general it might be said that Sweet Grass County is characterized by moderate to strong westerly 
winds, low relative humidity, comparatively little rainfall, wide diurnal and seasonal variation 
of temperature, and plentiful sunshine. Although the summer season is short, crop growth is stim- 
ulated by the long hours of daylight and greater intensity of sunshine incident to high altitudes. 

Climatic data for Big Timber, compiled by the United States Weather Bureau at Helena, 
show that the annual precipitation varies considerably from year to year; the greatest annual 
precipitation being 20.90 inches, the least annual precipitation being 9.38 inches, and the average 
annual precipitation being 14.76 inches. The average monthly precipitation reaches maximum 
values in May and June. The average date of the last kilhng frost is May 20 and of the first 
killing frost is September 20, giving an average frost-free period of 123 days; however, frost as 
late as June 13 and as early as August 25 have been recorded. The mean annual temperature 
is 46.9 degrees F. with the January average of 26.2 degeres F. and the July average of 70.4 de- 
grees F. Extreme temperatures recorded, which are seldom reached and of short duration, are 
110 degrees F. and -^1 degrees F. The Big Timber weather recording station, the only station 
in the county, has an elevation of 4,100 feet. 



—6— 



SOILS 

The soils in Sweet Grass County are, in general, lacking in organic material but tend to retain 
a large proportion of soluble mineral salts because of their development under semi-arid climatic 
conditions. Successful irrigation of such soils require adequate drainage, natural or artificial, to 
assure removal of excess water that might otherwise be evaporated from the soil surface and 
leave a concentration of salts. The soils of the western part of the area are darker than those of 
the eastern part, a result of the general rise in elevation from east to west and the heavier pre- 
cipitation and more luxuriant growth of grasses near the mountains. 

Due to the extreme variations of parent material, including igneous, metamorphic and sedi- 
mentary rocks, and the topographical features within the county, the soil types do not cover 
extensive areas. 

Undifferentiated alluvial soils occur chiefly on flood plains and high bottomlands of the 
stream valleys. These soils are developed from alluvium washed from the uplands and river- 
wash and, because of the varying parent material, vary considerably in texture, structure and 
consistency from one locality to another. In the lower rainfall areas the soils are hght colored 
except where they have become darkened by the accumulation of organic matter in poorly drained 
areas. These soils are adaptable to irrigation and, where they are well drained and free from 
harmful alkaHne accumulations, produce good yields. Due to numerous cobbles and stones which 
hamper cultivation in some areas the land is utilized as irrigated pasture. Other low alluvial 
benches are subirrigated. 

Immediately above the alluvial soils, occupying low benches below the stream breaks and high 
tablelands principally along the Yellowstone and Boulder valleys, lie loams and cobbly loams. 
Loose gravel and cobbles washed from the adjacent tablelands cover much of this productive 
dark brown silt loam and clay loam. The soil is not under cultivation above the ditch because 
of its low water-holding capacity; however, below the ditch good crops of alfalfa and small grains 
are produced on the better drained land. 

Near and below the mouth of West Boulder River in the Boulder River Valley lies a con- 
siderable area of stony glacial outwash. This stony area has a high hvestock carrying capacity 
due to the dense cover of grass and shrubs that it supports. Some of this outwash has been cov- 
ered with detritus from the surrounding tablelands and is now under cultivation and irrigation. 

On the undulating and rolling uplands, tablelands and stream breaks south of the Yellow- 
stone River Valley, the soils vary from rough sol material to clay loam and occasionally a clay- 
pan. The parent materials are shales and sandstones with occasional igneous material. Fragments 
and slabs of sandstone and siltstone occur on the surface and in soil sections. The soil is gen- 
erally thin and ranges in color from pale brown at lower elevations to dark brown on the higher 
divides. Subsurface and surface drainage is good; however, the water-holding capacity varies from 
low to high according to the structure and texture. The smoother slopes are devoted to the pro- 
duction of winter wheat, summer fallowing being practiced in order to accumulate moisture in 
the subsoil The remainder is devoted to the grazing of Hvestock. Occasional open stands of yellow 
pine are found along the stream breaks and on steeply sloping areas. 

North of the Yellowstone River, immediately above the alluvial soils and making up low 
benches, lies a clay loam which, because of its location and susceptibiUty to irrigation, produces 
good yields of irrigated feed crops, mainly alfalfa. On the uplands north of the Yellowstone River 
the soils vary from cobbly loams and stony loams to clay loams, depending upon the parent ma- 
terial. Most of the soils have developed from siltstone and sandstone; however, volcanic material 



—7— 



and mud flows underlie sizable areas and appear as occasional outcrops. The soils are generally 
shallow, range in color from light grayish brown to dark brown, and have cobbles, stones or slabs 
and fragments appearing on the surface. This land is utilized almost entirely for grazing. 

In the northwest and west-central portion of Sweet Grass County, in the foothills east of the 
Crazy Mountains, numerous areas are covered with colluvial-alluvial material brought down from 
the surrounding mountains. Other areas are underlain by consolidated volcanic material, sand- 
stone and siltstone. The topography ranges from smooth, steeply sloping fans to sloping tablelands 
cut by stream action, with occasional stony ridges. The soils consist predominately of clay loams, 
stony loams and cobbly loams which are generally granular and contain abundant stones and 
gravel on or near the surface. The soil color ranges from black to dark brown. Practically all of 
the land is utilized for grazing. At lower elevations and on less stony areas some small grains are 
grown for hay. Some irrigation skirts the steeper slopes. 

The northcentral area includes lands under the Big Timber Carey Land Act Project which 
consists of land under the Big Timber Creek Canal and Sweet Grass Canal and Reservoir com- 
panies' irrigation systems. A considerable acreage under these systems is irrigated; however, much 
of the land is seeped and saline due partially to the good water-holding capacity and only poor 
to fair surface and subsurface drainage of the soil. The soils are shallow with fragments and slabs 
of fine-grained sandstone on the surface. The soil is predominantly silt loam with smaller out- 
crops of cobbly clay loam, sandy loam, silty loam and clay loam. Cobbly clay loam makes up the 
low bench upon which Melville is situated. The soil color ranges from pale grayish brown to 
dark brown. The area is characterized by undulating to sharply rolling uplands with localized 
low benches in the vicinity of Melville. Most of the area not suited for irrigation is used for 
grazing of livestock. Some small grains are grown on the less stony areas, summer fallowing being 
practiced to conserve moisture in the subsoil. 

Soils in the eastcentral and northeastern portion of the county have developed principally 
on sandstone, siltstone and silty shale. The resultant soils are brown to dark brown loams, silt 
loams and stony loams with slabs and flaggy sandstone on the surface. The area is characterized 
by dissected sloping to rolling tablelands. On the more gentle slopes small grains are grown on 
summer fallowed dry lands. Little irrigation is practiced due to the scarcity of water except dur- 
ing spring runoff. Most of the land is utilized for the grazing of livestock. 

At the present time no detailed soil survey has been made in Sweet Grass County. A re- 
connaissance survey, however, has been conducted in a manner so as to cover a large area in a 
comparatively short time and field work was necessarily general. For the soil reconnaissance of 
Sweet Grass County see "Soils of Sweet Grass County," preliminary report by L. F. Gieseker, 
in charge of soil survey, cooperating with the Division of Soil Survey, Bureau of Plant Industry, 
United States Department of Agriculture, published by Montana State College, Agricultural Ex- 
periment Station, Bozeman, Montana. 

CROPS 

Of the approximate 1,181,400 acres in Sweet Grass County, 1,102,650 have been classified as 
grazing land, according to the 1940 census, and 78,750 as cropland. From these figures one can 
readily see why such an area has become dependent upon livestock raising and realize the im- 
portance of native grasses in a livestock area. Practically all of the types of native grasses growing 
in Montana are found on the grazing lands. Second of importance on dry land is wheat, which, in 
1949, 14,204 acres were seeded according to P.M. A. records. Following wheat are oats and barley. 

On irrigated lands, alfalfa hay ranks as the principal crop. Following alfalfa are brome, crested 



—8— 



wheat, Huntley pasture mixtures, timothy, alsac, orchard grass, red top, and red clover. All of 
these are produced as a hay crop, principally on the ranches where they are used as feed. The 
excess, which usually amounts to 1,000 to 2,000 tons per year, is marketed in adjoining counties. 
Grain commands an extremely small portion of irrigated lands, and is generally used as a sup- 
plement to hay land. , 

LIVESTOCK 

The prosperity of Sweet Grass County is largely dependent upon the livestock industry. 
According to figures obtained from the County Agent, sheep greatly outnumber all other live- 
stock; and, as a matter of fact, are almost twice as populous as all cattle combined. In Sweet 
Grass County In 1949 there were 50,669 sheep, 1,155 milk cows, 27,352 other cattle, 2,188 horses 
and mules, 987 swine, and 13,502 poultry. 

Over the past ten years the sheep population has been reduced by more than one-half due 
to the inadequate supply of labor; the number of dairy cows has remained relatively constant due 
to the location of two creameries in Big Timber; the number of cattle has increased in order to 
meet the market demand; horses and mules are on a constant decline due to modern mechaniza- 
tion; swine have remained relatively constant; poultry had risen during crucial war years, but at 
the present time are on the decline because of lowered market demand and prices. 

Sheep and cattle comprise the major income for the inhabitants of the county; horses and 
mules are retained for draft purposes by most farmers and ranchers; swine and poultry are raised 
for private consumption, with the meager surpluses being placed upon local markets. A few ranches 
have colonies of bees for honey production. 

WATER SUPPLY 

Most of Sweet Grass County Ues within the drainage basin of the Yellowstone River. The 
principal streams from which water for irrigation is derived are the Yellowstone River and its 
principal tributaries— Boulder River, Big Timber Creek, Otter Creek and Sweet Grass Creek. 

The Yellowstone River rises in northwestern Wyoming flowing north to Yellowstone Lake 
which has an area of 142 square miles and provides a considerable amount of natural flow reg- 
ulation. From Yellowstone Lake the river flows generally northerly to Livingston where it turns 
sharply eastward and flows thence across Park County, across Sweet Grass County and thence 
easterly and northeasterly to its confluence with the Missouri River in North Dakota. Near Big 
Timber it is joined by the Boulder River on the south and Big Timber and Otter creeks on the 
north. Sweet Grass Creek joins the Yellowstone River from the north near Greycliff. 

Sweet Grass Creek, the largest perennial tributary of the Yellowstone River, Otter Creek and 
Big Timber Creek rise in the rugged Crazy Mountains, being fed year round by melting snows. 
They flow in an easterly direction from the Crazy Mountains and then gradually veer southward 
to their confluence with the Yellowstone River. 

Boulder River, one of the largest streams uniting with the Yellowstone in Montana, rises in 
the Absaroka Range near Haystack Butte in the extreme southern part of the county. It flows 
thence in a northerly and northeasterly direction to join the Yellowstone River south of Big Timber. 

Because of the abundance of winter snows in both the Crazy Mountains and the Absaroka 
Range, the water supply is generally considered adequate for present use, although some short- 
ages occur in extremely dry years. 



—9— 



BIG TIMBER STATE FISH HATCHERY UNIT 

In February of 1919, Mr. Noles and Mr. Frang, President and Secretary respectively of the 
Big Timber Rod and Gun Club, arrived in Billings to meet with members of the State Fish and 
Game Commission to bid for a rearing pond in Big Timber. Considerable work had been done 
by both men in selecting a suitable site, surveying streams which could be profitably stocked, 
preparing complete maps and computing fishing miles within the area. This material was lafd 
before the Commission and it aroused the interest of the members to such an extent that within 
the next few days they were in Big Timber to look over the pre-chosen pond location. They were 
so satisfied with the location and conditions that they offered to initiate a small hatchery if a 
title could be acquired for the land. The Big Timber Rod and Gun Club raised the necessary 
money for the purchase, acquired a clear title from Mr. Harold Hawks, the owner of the proposed 
hatchery site, and donated the land to the State of Montana to be used for the Big Timber Fish 
Hatchery. 

Sixteen troughs measuring 16 feet by 14 inches by 10 inches were originally constructed in 
1919. With the aid of these troughs, approximately IV2 miUion iy2-inch fish could be produced 
annually. In 1921, 20 more troughs were added, bringing the total yearly capacity to 2 million 
2-inch fish. In 1930, 36 additional troughs were installed bringing the total number of troughs to 
72 and capacity of the hatchery unit to approximately 3 million 2- to 2 '/2-inch fish. 

In 1933, in an effort to produce larger fish for stocking, four indoor tanks were installed in 
place of 16 troughs, and four dirt ponds— two measuring 75 feet by 150 feet and two measuring 
30 feet by 100 feet, were constructed. In 1949, five additional indoor tanks were constructed to 
replace 20 troughs; thus, today the Big Timber Fish Hatchery unit is equipped with 36 troughs, 
nine indoor tanks, four outdoor cement ponds, and four large dirt ponds. These facilities enable 
the hatchery to stock approximately 200,000 5-inch and 1,300,000 2-inch fish annually, the smaller 
fish being planted in virgin lakes or in headwaters where predators are at a minimum. 

In August of 1949 the Bluewater Springs State Rearing Station, located ten miles south of 
Fromberg, was completed. The station is centrally located in the 12th area of responsibility in 
fish planting set up by State and Federal hatcheries and has an excellent supply of clear, fresh 
water; however, at the present time it is equipped with only ten rearing tanks and must be sup- 
plied with fry from the Big Timber hatchery. 

The Big Timber hatchery is responsible for that area, including the drainage into the Yel- 
lowstone River from the mouth of the Shields River east to the mouth of the Big Horn River, or, 
the 12th district of responsibility in fish planting. Included in this area are major fishing streams 
such as the Yellowstone River, Big Timber Creek, Sweet Grass Creek, Boulder River, Stillwater 
River, Rosebud Creek, Clarks Fork, Rock Creek, Big Horn River, and the Little Big Horn River, 
as well as numerous tributaries, smaller streams and lakes. 

In 1941, Raymond M. West, Jr. Biologist, U. S. Department of Agriculture, Forest Service, in 
cooperation with Elmer G. Phillips, Montana State Superintendent of Hatcheries, hatchery fore- 
men, forest rangers, sportsmen's clubs of drainage areas and others interested in fish manage- 
ment, drew up a five-year fish distribution and management plan wherein the hatchery output 
was proportioned among the watersheds and points of stocking and species were set. Each hatch- 
ery adhered to this plan as closely as possible and facts, such as the adaptabiUty of a certain 
species, were learned. Where a species did not survive in a certain environment a different spe- 
cies was introduced. 

Upon the expiration of the first five-year distribution and management plan and another 



—10— 



similar five-year plan was introduced and accepted; however, since the introduction of the Blue- 
water Rearing Station, the plan for the 12th district has been revised. 

Some of the objectives are to secure maximum fish production at minimum cost, secure 
proper stocking of waters consistent with use and demand, stock larger fish, stock preferably 
in July, a period of peak food availability and decreased hazards caused by high waters. Accord- 
ing to Mr. Forest Keller, foreman of the Big Timber State Fish Hatchery unit, these objectives 
cannot be reached because of the limited hatchery facilities. Due to the demand for different 
trout species from each drainage area, all species must be raised. Loch Leven and Eastern Brook 
spawn in the fall while Rainbow and Cutthroat spawn in the spring; therefore, only six months 
are available to run each species in order to attain quantity. 

In order to increase production and the size of fish leaving the hatchery, investigations are 
being made as to the feasibihty of supplementing the present water supply and constructing the 
necessary raceways. At the present time, springs rising in gravel beds above the hatchery supply 
500 gallons of clear water per minute during the period of peak flow, dropping to approximately 
250 gallons per minute during the winter months. The water temperature remains at 52 degrees 
F. year round. PreUminary investigations have been started by Mr. Keller in an attempt to har- 
ness additional springs in the vicinity in order to have a sufficient water supply for the proposed 
raceways and two previously constructed ponds which do not receive an adequate supply of clear 
water at the present time. 

Two types of raceways are now under consideration for the Big Timber State Fish Hatchery 
unit. One type is the self-cleaning circular concrete pool 40 feet in diameter. An advantage of 
this construction is that the debris and excess food collects on a screen covering the centrally 
located drainage pipe thus eliminating draining the pool and allowing the pool to be cleaned merely 
by cleaning the screen. The other type of raceway under consideration is a rectangularly built 
concrete unit composed of 10 feet by 100 feet raceways built in pairs so as to have a mutual wall. 

With these added facilities and the able administration of the Big Timber Fish Hatchery unit, 
objectives previously set forward will more nearly be reached, thus enabling us to continue to 
look forward to that great sport, fishing. 



—11— 



GALLATIN NATIONAL FOREST — BIG TIMBER DISTRICT 

The Big Timber District includes the southeastern portion of the Crazy Mountains that 
drains south and east to the Yellowstone River, and the Boulder River, Upper Deer Creek, Lower 
Deer Creek and Bridger Creek drainages that lie within the Gallatin National Forest. This area, 
although possibly appearing to be relatively restricted in size and operational scope, contains 595 
square miles of unlimited resources that must be properly administered. To mention a few^the 
watershed, timber, wildlife, grazing land for sheep and cattle, and recreational facilities. 

Of prime interest and importance is the actual watershed condition, for it is from these water- 
sheds that water is derived for livestock, irrigation and household purposes within and below the 
Gallatin National forest. The District Ranger strives to maintain or increase the watershed effi- 
ciency by supervision of all activities within the district. 

Forest fires destroy timber, forage for game and livestock, game shelter, and recreational 
faciUties. But the principal, long range effect of forest fires is destruction of water-holding ca- 
pacities of watersheds. The Big Timber District has a written fire prevention and control plan. 
The plan is tied in with the plans of neighboring districts and national forests. Fire tool caches 
are maintained at strategic points throughout the district. Rancher cooperators, and sawmill oper- 
ators living within or close to the district are furnished fire fighting equipment. They have writ- 
ten authority from the District Ranger to hire men if necessary to suppress forest fires within 
their respective areas. Fire school, attended by district personnel and local cooperators, are held 
each spring where fire prevention and control methods are discussed. The final day at each school 
is devoted to actual control and mopping up of a training fire set in a spot where there is little 
danger of the fire escaping beyond control. 

The timber stand is composed principally of Limber pine in the higher elevations and Doug- 
las fir, Lodgepole pine and Engelmann spruce in the lower elevations. All logging operations are 
under supervision, the timber to be cut being marked with a U. S. stamp. Charges are made ac- 
cording to the estimated board feet. In addition to this charge, a deposit of 25 to 50 cents per 
1,000 board feet is required for brush disposal and a deposit of 25 cents per 1,000 board feet for 
erosion control. A widespread epidemic among the Douglas fir started in 1939 when, after a warm 
spell, a sudden intense cold wave froze the Douglas fir, thus weakening them and making good 
brood trees for infestation by the Douglas fir beetle. In April or May the beetles swarm. The 
female bores into the tree to lay her eggs in the cambium. After hatching, the grubs spread side- 
ways eventually destroying the cambium and thus the tree. The only defense is the tree's ability 
to pitch them out; however, this can be done only when the tree is healthy. At the present time 
the infestation is spreading in the Boulder River area and a few spots have been noticed recently 
in the Crazy Mountains. 

A wildlife population estimate has been made recently by rangers and local game wardens 
with the estimated population within the Big Timber District being: 3,500 mule deer, 50 elk, 70 
moose, 120 black bear, 10 grizzly bear, 80 head of mountain goat and 25 head of bighorn sheep. 
The deer population is increasing, due possibly to the Buck Law practiced in Montana and to 
the "1080" coyote poison set out on private land outside the national forest boundary. The moun- 
tain goat were transplanted to the Crazy Mountains by the State Fish and Game Department in 
1939 and have since shown an increase in population. They remain well above the deer, ranging 
on the high, rocky ridges in the summer and on the high southern slopes in the winter. The big- 
horn sheep are located near the headwaters of the Boulder River. 

Livestock grazing should be classified under the grazing of sheep and cattle since different 
systems of management govern each activity. At the present time 18 bands of sheep, consisting of 



-12- 



800 to 1,200 head per band, are allowed 60 grazing days in the Big Timber District of the Gal- 
latin National Forest between July 1 and September 15. Application for permits are filed January 

1. An advisory board appointed by the Sweet Grass County Woolgrowers' Association meets with 
the rangers to decide who will be issued permits. Preference permits may be issued to those who 
have grazed in the national forests five years. The grazing fee is based in accordance with the 
price of mutton the previous year. The Bureau of Agriculture Economics' base for the payment 
is 4 cents per head per month as of 1926. The 1950 fee was approximately 8 to 9 cents per head 
per month. Because lamb and mutton prices rose in 1950, the 1951 fee will be correspondingly 
higher. In some areas the sheep run on an on-and-off basis, deriving part of their feed on private 
land. The fee is reduced accordingly. 

At the present time approximately 1,500 head of cattle graze the lower ranges. The grazing 
period varies according to range conditions, the average being from June 16 to October 15. The 
base cow-month payment is 15 cents per head per month as of 1926 in accordance to the Bureau 
of Agriculture Economics. The 1950 fee was 59 cents per head per month. The fee will be higher 
in 1951 because of increased prices received by beef cattle producers in 1950. 

Regular inspection of the range is made by rangers and the permittees to check sore spots 
caused by erosion due to grazing and trampling and trespass livestock, and to obtain the best use 
of the forage. Every precaution is taken to maintain the grazing land which is an important por- 
tion of the watershed- 
Providing and maintaining recreational facilities within the district is another of the many 
activities of the forest ranger. In the Boulder area approximately 40 summer homes have been 
constructed on specially leased land. Campground areas free to the public have been cleared and 
maintained. And, cooperating with the State Fish and Game Department, tens of thousands of 
fish are planted each year in the streams in the Big Timber District. Forest Rangers also serve 
as deputy state game wardens, without pay. 

The aims are to beneficially use the resources but in so using them to: 1, maintain or in- 
crease watershed efficiency through supervised logging and grazing, erosion control, fire control; 

2, maintain or improve range conditions; 3, protect wildlife, and 4, increase recreational facili- 
ties. The overall aim is to gain integrated, multiple use of all available forest resources. 



—13— 



SUMMARY OF IRRIGATED LAND BY RIVER BASINS IN THE 
FOLLOWING COUNTIES COMPLETED TO DATE 

Bi|^ Horn, Carbon, Custer, Golden Valley, Meagher, Musselshell, Rosebud, Stillwater, 
Sweet Grass, Wheatland and Yellowstone 



RIVER BASIN li^^PJAxJo 

ACRES 

Missouri River Basin 

Missouri River 3,622 

Musselshell River 64,789 

Smith River ■. 30,304 

98,715 
Yellowstone River Basin 



IRRIGABLE 

ACRES UNDER 

PRESENT 

FACILITIES 


MAXIMUM 

IRKIGABLE 

ACRES 


1,290 


4,912 


57,870 


122,659 


18,398 


48,702 



77,558 



176,273 



46,916 

10,378 

-. 13,343 

33,286 

17,134 

8,264 

Rosebud Creek (Trib. to Stillwater River) 15,828 



Big Horn River. 

Big Timber Creek 

Boulder River _ 

Clerks Fork 



Little Big Horn River-„ 
Powder River 



Rock Creek (Trib. to Clarks Fork). 

Shields River 

Stillwater River 

Sweet Grass Creek 

Tongue River 

Yellowstone River 



Grand Total Missouri River Basin 

Grand Total Yellowstone River Basin 



58,482 
25 
11,661 
18,594 
22,137 
168,868 

424,916 



.^. 98,715 
.... 424,916 



Grand Total in the Counties Completed to Date. 



523,631 



14,851 
9,234 
2,614 
7,328 
9,844 
1,804 

12,944 

16,867 

40 

3,459 

23,006 
7,479 

39,553 

149,023 

77,558 
149,023 

226,581 



61,767 
19,612 
15,957 
40,614 
26,978 
10,068 
28,772 
75,349 
65 
15,120 
41,600 
29,616 
208,421 

573,939 

176,273 
573,939 

750,212 



It was necessary to cover 11,517,397 acres in the above basins in order to complete the survey. 



—14— 



IRRIGATION SUMMARY OF SWEET GRASS COUNTY BY RIVER BASINS 



Missouri River Basin — Regular Irrigation 

Musselshell River Drainage Basin 

Agnes Creek 

American Fork __. 

Blackaby Creek „„ 

Cedar Creek 

Fish Creek _^ „ 

Gougley Creek . 



North Fork of American Fork 

O'Hearn Creek 

Potato Creek 

Sixshooter Creek ___. 

South Fork of American Fork-. i 

South Fork of Antelope Creek _™_ 

Tony Creek 

Unnamed Coulees (Trib. to Agnes Creek) 

Unnamed Coulee (Trib. to Fish Creek) 

(Trib. to Gougley Creek) 

(Trib. to O'Hearn Creek) 

(Trib. to Spring Creek) 

(Trib. to Antelope Creek). __. 

(Trib. to Fish Creek) 

(Trib. to Gougley Creek) 

(Trib. to Tony Creek) 



Unnamed Coulee 
Unnamed Coulees 
Unnamed Coulee 
Unnamed Spring 
Unnamed Spring 
Unnamed Spring 
Unnamed Spring 



West Fork of Antelope Creek 



Grand Total Missouri River Basin 



Total 



PRESENT 

RR (GATED 

ACRES 


IRRIGABLE 

ACRES UNDER 

PRESENT 

FACILITIES 


MAXIMUM 

IRRIGABLE 

ACRES 


166 





166 


495 


443 


938 





182 


182 





17 


17 





195 


195 





97 


97 


238 


133 


371 


39 


75 


114 





11 


11 





68 


68 


441 


1,038 


1,479 





145 


145 


57 


543 


600 


31 





31 





8 


8 





16 


16 


128 


76 


204 





6 


6 


2 





2 





8 


8 





6 


6 


38 


9 


47 





59 


59 


1,635 


3,135 


4,770 


1,635 


3.135 


4,770 



Yellowstone River Basin — Regular Irrigation 

Big Timber Creek Drainage Basin 

Amalong Creek 

Big Timber Creek 

Hailstone Creek . 

Long Gulch 

McGerry Creek . „ 



Middle Fork Big Timber Creek „. 

Mingled Water (Rock and Dry Creeks) . 

No. Fork Big Timber Creek „.„, 

No. Fork Big Timber Creek 

Big Timber Creek Canal Company. 

Rock Creek 

Swamp Creek 

So. Fork Big Timber Creek 



269 

3,261 

125 

50 

14 



177 

639 

3,094 
236 

1,765 
748 



Total 10,378 



180 


449 


550 


3,811 


28 


153 


99 


149 





14 


465 


465 


60 


237 


293 


932 


4,056 


7,150 


215 


451 


1,885 


3,650 


1,403 


2,151 



9,234 



19,612 



—15— 



IRRIGATION SUMMARY OF SWEET GRASS COUNTY BY RIVER BASINS 





IRRIGABLE 




PRESENT 


ACRES UNDER 


MAXIMUM 


IRRIGATED 


PRESENT 


IRRIGABLE 


ACRES 


FACILITIES 


ACRES 



Yellowstone River Basin — Regular Irrigation (Cont'd) 

Boulder River Drainage Basin 

Basin Creek _„ „ 10 10 

Boulder River 6,923 2,009 8,932 

Boulder River 

Dry Creek Canal Company , 3,267 217 3,484 

Bramble Creek 5 5 

Castle Creek . 7 7 

East Boulder River „ — 1,441 13 1,454 

Elges Creek .„ 26 26 

Elk Creek 290 60 350 

Elk Creek and Lost Cabin Creek _ 35 35 

Ennis Creek -.. — . 2 2 

Graham Creek „ 25 25 

Natural Bridge Draw 5 5 

Pig Creek 10 1 

Pig Creek and Springs . 3 3 

Sheep Creek ^--.. 63 63 

Unnamed Springs (Trib. to Boulder River) 163 124 287 

Unnamed Springs (Trib. to Boulder River 

and on Miller Creek) 30 30 

West Boulder River 1,183 55 1,238 



Sweet Grass Creek Drainage Basin 

Basin or Runaway Creek 

Billy Creek 

Cascade Creek or Hell Roaring Creek 

Cayuse Creek 

Crest Gulch (Trib. to Sweet Grass Creek) .- 

Dead Beaver Creek 

Dry Fork Sweet Grass Creek 

East Fork Sweet Grass Creek 

Fletcher Creek _„ „ 

Hamilton Creek .„ 

Middle Fork Sweet Grass Creek 



—16— 



Total 13,343 2,614 15,957 

Otter Creek Drainage Basin 

Dry Creek , 485 838 1,323 

Otter Creek 2,149 860 3,009 

Otter Creek— Auwater Ditch Company „„ 402 83 485 

Tangen Coulee 91 91 

Ten Mile Creek ....._ _..- 414 94 508 

Unnamed Spring (Trib. to Tangen Coulee) 155 155 

Wheeler Creek „... .0 17 17 



Total 3,541 2,047 5,588 






376 


376 


244 


313 


557 


16 





16 


731 


436 


1,167 





3 


3 





157 


157 


48 


15 


63 


119 


153 


272 





51 


51 


20 


49 


69 


48 





48 



IRRIGATION SUMMARY OF SWEET GRASS COUNTY BY RIVER BASINS 

Yellowstone River Basin — Regular Irrigation (Cont'd) 

Mingled Water (Beaver, Harrison and 

Ramsey Creeks) - 

Mingled Water (Rye and Sweet Grass Creeks). 

Rock Creek 

Rye Creek _ „_ 

Sour Dough Creek __„ 

South Fork Cameron Creek __ 

Spring Creek _ „_. 

Spring Creek (Trib. to Hamilton Creek) 



Spring Creek (Trib. to Sweet Grass Creek) 

Sweet Grass Creek 

Sweet Grass Creek _ „____ 

Sweet Grass Canal & Reservoir Co 

Unneimed Coulee (Trib. to Billy Creek) _ 

Unnamed Coulee (Trib. to Cayuse Creek) 

Unnamed Coulees (Trib. to Dead Beaver Creek) 
Unnamed Coulees (Trib. to Sweet Grass Creek) . 

Unnamed Spring (Trib. to Hamilton Creek).. 

Unnamed Spring (Trib. to Sweet Grass Creek) ... 
Wild Cat Creek 



Yellowstone River Drainage Basin 

Bailey Creek ..... 

Branch of Little Timber Creek 

Bridger Creek 

Cort Creek . 



Cort Creek and/ or West Fork Little Timber Creek 
Cow Creek . __._„ _„.._ 



Duck or Gage Creek 

East Fork Duck Creek 

East Fork Upper Deer Creek 

Frazier Creek „ 

Henry or Indian Creek „„ 

Little Timber Creek „,. 

Lowell Creek 

Lower Deer Creek 



Mingled Waters (Duck and Alkali Creek). 

North Fork Countryman Creek 

Saw Mill Creek 

Shingle Creek .„ 

Spring Creek „ 



Spring Creek (Trib. to Yellowstone River). 

Spring Basin Creek 



Stonehouse Springs (Trib. to West Fork 

White Beaver Creek) 

Unnamed Coulee (Trib. to Lower Deer Creek) 
Unnamed Coulee (Trib. to West Fork 

White Beaver Creek) „. 



PRESENT 

IRRIGATED 

ACRES 


IRRIGABLE 

ACRES UNDER 

PRESENT 

FACILITIES 


MAXIMUM 

IRRIGABLE 

ACRES 


63 





63 


902 


565 


1,467 





119 


119 





5 


5 





25 


25 





10 


10 


373 


20 


393 





1 


1 





54 


54 


13,199 


15,014 


28,213 


2,695 


5,334 


8,029 


20 





20 


19 





19 





204 


204 





24 


24 


1 


2 


3 


62 


34 


96 


34 


42 


76 


18,594 


23,006 


41,600 


104 


69 


173 





49 


49 


440 


28 


468 


12 


15 


27 " 


138 


13 


151 


47 





47 


75 





75 


605 


81 


686 


1 





1 





17 


17 


52 





52 


605 


93 


698 





18 


18 


504 


94 


598 


176 


55 


231 





3 


3 


41 


7 


48 


5 





5 


28 


16 ■ 


44 


158 


10 


168 


17 





17 


20 





20 





24 


24 



—17— 



IRRIGATION SUMMARY OF SWEET GRASS COUNTY BY RIVER BASINS 

Yellowstone River Basin — Regular Irrigation (Cont'd) 

Unnamed Spring (Trib. to East Fork Duck Creek) 

Unnamed Spring (Trib. to Hump Creek)..... 

Unnamed Spring (Trib. to White Beaver Creek) ... 

Upper Deer Creek 

West Fork Duck Creek - — 

West Fork White Beaver Creek -^ 

White Beaver Creek „ — — 

Whitetail Creek ^ 

Yellowstone River _ 

Yellowstone River . .__ 

Hunter's Hot Springs Canal Co. 2,536 



PRESENT 

IRRIGATED 

ACRES 




IRRIGABLE 

ACRES UNDER 

PRESENT 

FACILITIES 

12 


MAXIMUM 

IRRIGABLE 

ACRES 

12 


11 





11 


1 





1 


233 


17- 


250 


543 


38 


581 


1 


150 


151 





182 


182 





204 


204 


2,539 


932 


3,471 


2,536 


921 


3,457 



Grand Total Yellowstone River Basin 



Total 8,892 
54,748 



3,056 
39,957 



11,948 
94,705 



Missouri River Basin — Flood Irrigation 

Musselshell River Drainage Basin 

Andrews Creek „.- 

Big Coulee Creek 

South Fork Big Coulee Creek 



Unnamed Coulee (Trib. to Antelope Creek) 



Grand Total Missouri River Basin 



Total 






123 


123 





96 


96 





39 


39 


19 


18 


37 


19 


276 


295 


19 


276 


295 



Yellowstone River Basin — Flood Irrigation 

Big Timber Creek Drainage Basin 

Big Timber Creek - 

Grosfield Coulee 



Total 



15 

19 



34 



18 
19 

37 



Boulder River Drainage Basin 

Boulder River .. 

Elk Creek 

Small Hopes Creek 

Spring Creek „_ 



_..^„ 


130 


8 


138 




33 





33 


, 


20 





20 





10 


38 


48 



Total 



193 



46 



239 



Otter Creek Drainage Basin 

Ten Mile Creek, Trib. of 



Total 



68 
68 



68 
68 



—18— 



IRRIGATION SUMMARY OF SWEET GRASS COUNTY BY RIVER BASINS 

Yellowstone River Basin — Flood Irrigation (Cont'd) 

Sweet Grass Creek Drainage Basin 

Sweet Grass Creek 

Unnamed Coulees (Trib. to Sweet Grass Creek) 



PRESENT 

IRRIGATED 

ACRES 


IRRIGABLE 

ACRES UNDER 

PRESENT 

FACILITIES 


MAXIMUM 

IRRIGABLE 

ACRES 





• 168 


168 





23 


23 



Total 



191 



191 



Yellowstone River Drainage Basin 

Jarret Creek 

Lower Deer Creek. 

Mendenhall Creek ., 

Ox Bow Creek . . ... 

Prather Creek __ 



Unnamed Coulee (Trib. to Lowell Creek) .„ 

Unnamed Coulee (Trib. to Mendenhall Creek).. 
Unnamed Coulee (Trib. to Yellowstone River), 

Upper Deer Creek „ 

West Fork Little Timber Creek „ _. 

Work or Wirt Creek 



Total 



Grand Total Yellowstone River Basin 

Rcgnlar Irrigation 

Grand Total Missouri River Basin 

Grand Total Yellowstone River Basin 

Grand Total in Sweet Grass County . 

Flood Irrigation 

Grand Total Missouri River Basin 

Grand Total in Yellowstone River Basin 
Grand Total in Sweet Grass County 

Regular and Flood Irrigation 

Grand Total Missouri River Basin 

Grand Total in Yellowstone River Basin 
Grand Total in Sweet Grass County 



64 
29 
25 


92 



4 
63 


40 
19 



336 
532 



1,635 
54J48 
56,383 



19 
532 
551 



1,654 
55,280 
56,934 



263 


327 





29 


11 


36 


19 


19 





92 


17 


17 





4 


1 


64 


2 


2 





40 


31 


50 


344 


680 


683 


1,215 


3,135 


4,770 


39,957 


94,705 


43,092 


99,475 


276 


295 


683 


1,215 


959 


1,510 


3,411 


5,065 


40,640 


95,920 


44,051 


100,985 



—19— 



AUWATER DITCH COMPANY 

The A u water Ditch Company ditch diverts water by gravity from Otter Creek in the south- 
west quarter of the northwest quarter of Section 8, Township 2 North, Range 15 East in Sweet 
Grass County. The ditch traverses a generally southerly course of approximately six miles, above 
the low benches on the east side of Otter Creek, and suppHes irrigation water to lands in Sec- 
tions 19 and 30, Township 2 North, Range 15 East. 

On October 27, 1900, Wm. and C. Auwater appropriated and filed a notice of appropriation 
(Book 19, Page 29 of Water Rights records in the Sweet Grass County Courthouse) for 500 
miner's inches of water to be diverted from Otter Creek in Section 8, Township 2 North, Range 
15 East on the east bank. The designated purposes were domestic, irrigation and other uses. The 
system description was given as a dam and ditch, which said ditch was 48 inches by 14 inches 
in size. The land description of intended place of use was described as Section 30, Township 2 
North, Range 15 East. 

On April 26, 1930, Articles of Incorporation of the Auwater Ditch Company were filed. The 
Company was incorporated for 40 years with capital stock of $10,000 which was divided into 500 
shares having a par value of $20. The number of shares issued was 400. One share is equivalent 
to one miner's inch. The purpose for which the corporation was formed was for constructing, 
extending and maintaining the irrigation canal. 

The ditch has recently been enlarged, cleaned and extended slightly so as to satisfy the 
demand for 400 miner's inches by the stockholders for the irrigation of lands lying below the 
ditch. The maintenance is done by the stockholers, thus reducing costs so that the cost of water 
per irrigated acre is negligible. 

In 1950 there were 402 acres being irrigated under this system with 83 acres potentially irri- 
gable, making a maximum of 485 acres irrigable under existing facihties. 

BIG TIMBER CREEK CANAL COMPANY 

On June 24, 1895, Andrew Wormser, Anna J. Wormser and D. J. Walvoord associated them- 
selves together for the purpose of forming the Holland Irrigation Canal Company. The term of 
corporation was designated as 40 years with capital stock of $150,000 divided into 30,000 shares 
having a par value of $5.00. The Corporation filed a notice of appropriation for 50,000 miner's 
inches of water to be diverted from the North Fork of Big Timber Creek on the east bank 1,024 
feet north of the southwest corner of the southeast quarter of Section 23, Township 3 North, 
Range 13 East, and used to furnish water to settlers in Township 3 North, Range 13 East, Town- 
ships 2 and 3 North, Range 14 East and Townships 2 and 3 North, Range 15 East. A ditch which 
traverses approximately 11 miles was constructed from the point of diversion, and traverses a 
general northeasterly course terminating in the southwest quarter of Section 10, Township 3 
North, Range 14 East. The east branch of the ditch traverses approximately three miles in a gen- 
eral southeasterly direction from its point of diversion from the main canal in the southwest 
corner of Section 21, Township 3 North, Range 14 East. Subsequent to this time the ditch be- 
came commonly known as the Wormser Ditch. The Holland Irrigation Canal Company also con- 
structed works not presently incorporated in the system of the Big Timber Creek Canal Com- 
pany and have therefore been omitted from this report. 

In 1908 the Glass-Lindsey Land Company incorporated and took over the Holland Irrigation 
Canal Company, and in addition let contracts for the construction of dams, reservoirs and canals, 
which said system was to take flood waters from Sweet Grass Creek, impound the water in reser- 
voirs and thence distribute the water for irrigation to settlers in the area, who at that time were 
acquiring land under the Carey Land Act. The latter system was completed in 1911 and is now 



—20— 



under the control of the Sweet Grass Canal and Reservoir Company. At the time of construc- 
tion and for a short period subsequent to that time the two systems were sometimes referred to 
as the Big Timber Carey Act Project since they supplied water to much of the land in that vicin- 
ity acquired under the Act. 

In the Spring of 1910 the Sweet Grass Canal and Reservoir Company was incorporated for 
a term of 40 years in the amount of $40,000 which was divided into 40,000 shares having a par 
value of $1.00. A share was designated to entitle the holder to V/2 acre-feet of water per acre 
during each and every irrigating season. Until March of 1945, at which time the users under the 
Wormser Ditch formed a corporation known as the Big Timber Creek Canal Company, the Cor- 
poration controlled both the Wormser Ditch and the Sweet Grass Canal and Reservoir system. 

The Sweet Grass Canal and Reservoir Company filed a notice of appropriation in 1919 on 
an additional 3,000 miner's inches of the waters of the North Fork of Big Timber Creek to be 
conveyed through the Wormser Ditch and used in Township 3 North, Range 13 East and Town- 
ships 2 and 3 North, Range 14 East. 

In Sweet Grass County Case No. 483, the adjudication of the waters of Big Timber Creek 
and its tributaries, right No. 23b, consisting of 1,000 miner's inches from Big Timber Creek, was 
decreed to Glass-Lindsey Land Company for the Wormser Ditch. Four years later, in Case No. 
36-483, the original decree was modified so as to entitle the Glass-Lindsey Land Company to 1,770 

miner's inches instead of the 1,000 miner's inches previously decreed. 

• 

The Big Timber Creek Canal Company filed Articles of Incorporation on March 31, 1945, 
and purchased and acquired all of the right, title and interest which the Sweet Grass Canal and 
Reservoir Company had in the irrigation canal, commonly known as the Wormser Ditch, and 
water and water rights conveyed therein. The term of existence was designated as 40 years with 
capital stock of $25,000 divided into 2,500 shares having a par value of $10. 

The cost of water per irrigated acre is $1.00 with 96 cents going toward operation and main- 
tenance and 4 cents to reduce the small indebtedness of the corporation. The physical condition 
of the system is generally good; however, there are a few short sections that are only fair due to 
the porous land over which the ditch traverses. The water supply is considered to be adequate 
except during the last of the irrigating season when the water supply in Big Timber Creek is 
greatly reduced. 

In 1950, 1,615 shares of stock were subscribed with 3,094 acres being irrigated and 4,056 acres 
potentially irrigable, or a maximum irrigable acreage of 7,150 under existing facilities. 

COMPANY, OR BOGGS, MUTUAL DITCH 

The Company (or Boggs) Ditch taps Sweet Grass Creek on its easterly bank at a point in 
the southeast quarter of the southwest quarter of Section 4, Township 1 North, Range 16 East 
by means of a brush and rock dam and wood headgate. It runs thence five and one-fourth miles 
in a southerly direction more or less parallel to Sweet Grass Creek, over and across Sections 8, 
9, 16, 17, 20, 29 and 30, all in Township 1 North, Range 16 East. In 1950, 596 acres were irrigated 
under the system, utilizing practically all irrigable land under the ditch. Only six acres are 
potentially irrigable, making a maximum irrigable acreage of 602 under existing facilities. 

The Company Ditch was decreed December 3, 1941 (Case No. 1793). The parties to the 
action were decreed the right to convey through said ditch their appropriations, as follows: 



—21— 





Person to Whom Decreed 


Miner's 


Date of 


Party to Action 


in Sweet Grass Creek Decree 


Inches 


Priority 


Thorvald Sandem and Pete Peterson, jointly 


Jacob Hoyem 


75 


8 2 1884 


Anne Wangsmo 


Iver M. Hoyem 


110 


8 2 1884 


Miller Pederson 


Hans Peterson 


136 


8 2/ 1884 


Lena Becken 


B. L. Ryan 


95 


8 2 1884 


Mattie Shaw 


Fred Bartels 


112 


8 2 1884 


Federal Land Bank and W. T. Broderick, joint 


ly Henry Bartels 


126 


5 15 1893 



Cyrus L. Hoggs Rostad & Becken 192 5 15/ 1893 

The canal is in good condition, having been cleaned and repaired in 1949 so as to insure the 
conveyance of the full 846 miner's inches decreed. The water supply is generally considered to 
to be adequate and the rights are of relatively early priority. 

CONWELL MUTUAL DITCH 

On November 29, 1905, Geo, B, Conwell, Theo. Murray, Thomas Newspalmer, Geo. Reynolds 
and Lee Wideman jointly appropriated 1,250 miner's inches of water to be diverted by gravity 
from the right bank of Boulder River in Lot 5 of Section 2, Township 1 South, Range 14 East. 
The description of the system was given as a ditch and headgate which said ditch will be 72 
inches by 36 inches in size and will carry and conduct 31.25 cubic feet per second of time of the 
waters from said creek. This notice of appropriation was filed on December 5, 1905, and is re- 
corded in Book 19 of Water Rights records on Page 246 in the Sweet Grass County Courthouse. 

The ditch diverts water from the Boulder River near the north line of Lot 5 of Section 2, 
Township 1 South, Range 14 East and traverses 5V'2 miles in a northeasterly direction above the 
low benches lying east of Boulder River. Water is supplied to five users who share the work and 
expense for the upkeep of the system, and each receive an equal share of water. The system is 
in good repair, being capable of supplying adequate water to all users. In 1950, 522 acres were 
irrigated under the Conwell Ditch with 377 acres potentially irrigable, making a maximum of 
899 acres irrigable under existing facilities. 

DRY CREEK CANAL COMPANY 

On May 14, 1898, the Dry Creek Canal Company was incorporated for the purposes of con- 
structing an irrigation system and appropriating water from the Boulder River and conveying it 
from the point of diversion in the southwest quarter of the northeast quarter of Section 10, Town- 
ship 1 South, Range 14 East, over the low bench lands to irrigable acres which would be under the 
system in Townships 1 North and 1 South of Ranges 14 and 15 East. The Dry Creek Canal Com- 
pany Ditch was constructed and put into operation in 1901. 

The Corporation received a right-of-way for its ditch through a pre-existing ditch built by 
Charles Dodge and Charles McKenzie in 1893, sometimes referred to as the Morman Ditch, and 
enlarged and extended the system for its use. Two water appropriations were made and notices 
of appropriation were filed in the County Courthouse by the Dry Creek Canal Company for 
water from the Boulder River which was to be diverted by the system. The first of these appro- 
priations was filed March 5, 1901, for 2,000 miner's inches and the second one filed August 18, 
1903, for 4,200 miner's inches. 

In 1950 the ditch traversed a distance of approximately seven miles from its point of diver- 
sion to a point a few yards west of the east section line of Section 30, Township 1 North, Range 



—22— 



15 East. In addition to maintaining this ditch the Corporation also maintains a half mile spill 
which carries water from the end of the ditch into Dry Creek. Numerous mutual laterals 
which divert water from the main ditch and Dry Creek serve the water users. Of these laterals, 
two are of major importance. The upper mutual lateral traverses in a generally southeasterly di- 
rection from the end of the main ditch for a distance of ten miles and supplies water to five users, 
The lower mutual lateral which supplies water to nine users, picks up its water from Dry Creek 
approximately 1 10 of a mile south of the north quarter corner of Section 32, Township 1 North, 
Range 15 East and traverses 5 V2 miles in the same general direction as the upper mutual lateral. 

On November 6, 1937, the Corporation's charter was extended 40 years. The capital stock of 
$48,000 was divided into 320 shares having a par value of $150. In 1950 the number of shares 
actually subscribed was 142, one share being equivalent to 40 miner's inches. An assessment of 
$7 per share was made in 1930 for maintenance of the system. The cost of water from the Cor- 
poration's system was approximately 20 cents per irrigated acre. In addition to this charge, the 
water user must also pay for the maintenance of the lateral which delivers water from the Cor- 
poration's system to the place of intended use. The assessment for the maintenance of the mutual 
laterals is based upon the expenses incurred down to the point where the laterial crosses the 
lower point of the individual's land and the number of shares in the Corporation held by that 
individual. The overall cost of water per irrigated acre is generally less than 50 cents. 

In 1950 there were 3,267 acres irrigated under the Dry Creek Canal Company Ditch and the 
mutual laterals which derive water from the Corporation's system, with a potential acreage of 
217, making a maximum of 3,484 acres irrigable under existing works. 

ELLISON MUTUAL DITCH 

In 1889 James Andrews and John Ellison jointly appropriated 650 miner's inches of water 
to be diverted by gravity from the Boulder River in Section 21, Township 1 South, Range 14 
East, the water to be used to irrigate the lands in Sections 10 and 15 of Township 1 South, Range 
14 East. On February 19, 1901, the EUison Ditch was decreed. Case No. 169, as follows: 



Person to Whoiti Decreed 


Land Description 


Sec. 


Twp, 


Rge. 


Amount 




James Andrews 


Lots 2, 3, NW'ASWVi 


10 


IS 


14E 


210 M.I. 


or 3 10 int. 


Benjamin S. Hollopeter 


NW1/4 


10 


IS 


14E 


140 M.I. 


or 1 5 int. 


*Ehzabeth Ellison 


Lot 7, NEi/4SWy4, S!/2SWi/4, 
SV2NWVA 


3 


IS 


14E 


240 M.L 


or 11/35 int. 


*John Ellison 


Lot 4 


10 


IS 


14E 








Lots 1, 2, 3, 4 


15 


IS 


14E 










16 


IS 


14E 


350 M.I. 


or 12 int. 



*240 miner's inches belonging to John Ellison were deeded to Elizabeth Ellison; however, John Ellison 
retained the license to use said water at such times as Elizabeth Ellison did not require and was not 
using said 240 miner's inches of said water. 

On May 6, 1905, John Ellison filed a notice of appropriation for 500 miner's inches of addi- 
tional water from the Boulder River to be conveyed through the Ellison Ditch for the irrigation 
of land in Sections 15 and 16, Township 1 South, Range 14 East. These two appropriations are on 
file in the Sweet Grass County Courthouse in Book 18 of Water Rights records. Page 440 and 
Book 19 of Water Rights records, Page 232. 

Except in extremely dry years the water supply is fully adequate to supply the users* de- 
mands. Because much of the area under the ditch is covered with rocks and boulders and be- 
cause of the lack of a hardpan, abundant water is required for the proper irrigation of these 



—23— 



lands. Due to the absence of hardpan, the application of abundant water does not cause harmful 
alkali concentrations. 

In 1950, 849 acres were irrigated under the Ellison Ditch, with no potentially irrigable land 
lying under the system. 

HARRISON MUTUAL DITCH 

The Harrison Mutual Ditch, located at the mouth of Sweet Grass Creek, traverses above the 
low benches north of the Yellowstone River for a distance of iVi miles. The ditch heads near 
the center of the northeast quarter of the southeast quarter of Section 30, Township 1 North, 
Range 16 East and diverts water by gravity from the east bank of Sweet Grass Creek by means 
of a wooden headgate. 

In 1882, Waborn A. Harrison constructed the Harrison Ditch and diverted water from Sweet 
Grass Creek to irrigate lands lying under the system in Section 31, Township 1 North, Range 
16 East and Sections 4, 5, 8, 9 and 16 in Township 1 South, Range 16 East. The land was subse- 
quently subdivided and controversies over water use from the ditch brought a Court decree of 
the ditch on September 26, 1900, as follows: 

Person to Whom Decreed Interest 

Land Description Sec. Twp. Rge. M.I. in Ditch 

Andrew Forsythe Ei/2NEy4, SWV4NEV4, NWi/4SEy4, ~~ ~~ 

NEy4SWi/4, SEy4NWV4, and all land 

lying No. of Yellowstone River 5 IS 16E 200 1. 5 

Waborn A, Harrison SEV4 

Lots 1, 2, 3 

Lots 1, 2, 3, NE'/4NEV4 

All 9 IS 16E 600 3 5 

Herman Uttermohle Wy2SW'/4, SWy4NWy4 

Ey2SEy4, swi/4SEy4 5 is i6e 200 15 

In the Sweet Grass Creek Decree, Case No. 342, on April 6, 1906, Andrew Forsythe, W. A. 
Harrison and Herman Uttermohle received the right to the use of a total of 785 miner's inches 
of the waters of Sweet Grass Creek. Because of later land division the amount of water now decreed 
to the users under the Harrison Ditch totals 722 miner's inches. The ditch is of sufficient ca- 
pacity to convey the entire amount so decreed. 

In 1950, the cost of water per irrigated acre was 51 cents, all of which was used for operation 
and maintenance of the system. The amount of water used upon the lands was 697 miner's inches; 
however, because of seepage and evaporation the entire 722 miner's inches was diverted so as to 
insure the four users of sufficient water. 

In 1950, there were 653 acres irrigated with 68 acres potentially irrigable under the existing 
works, or a maximum irrigable acreage of 721 under the existing facilities of the Harrison 
Mutual Ditch. 

HOGAN DITCH COMPANY 

The Hogan Ditch Company was incorporated in 1921 to ". . . construct, purchase, acquire 
and maintain irrigating ditches, dams, headgates and flumes and rights of way therefor, and to 



—24— 



5 


IS 


16E 


31 


IN 


16E 


5 


IS 


16E 


8 


IS 


16E 


9 


IS 


16E 


4 


IS 


16E 


5 


IS 


16E 



carry and conduct water appropriated and diverted from the left bank of the Boulder River at 
a point on its left bank on lots three (3) and four (4) in Section 23, Township 1 North, Range 
14 East, and from thence said water is to be conducted through the irrigation ditch known locally 
as the "Hogan Ditch." Said ditch extends from said point of diversion in a northwesterly and 
northerly direction through and across said Section 23 and Sections 14 and 13 and onto portions 
of 11 and 12 in said Township and Range, and teiminating on Sections 11 and 12 . . ." 

The Company filed incorporation papers November 25, 1921, with the amount of capital stock 
being $15,000 divided into 150 shares having a par value of $100. The amount of capital stock 
which was actually subscribed was $9,425. The tsrm of incorporation was designated as 40 years. 

On April 24, 1889, Daniel Hogan appropriated 600 miner's inches from the Boulder River to 
be conveyed through the Hogan Ditch to irrigate lands in Section 14, Township 1 North, Range 
14 East. The filing was made April 30, 1889, and is recorded in Book 18 of Water Rights records 
on page 347 in the Sweet Grass County Courthouse. 

At the present time the Hogan Ditch Company is operated as a mutual ditch, having eight 
users, all of whom help to maintain the ditch. The ditch, for its entire length, 2?/2 miles, is in 
good condition and supplies sufficient water to the users. In 1950, 224 acres were irrigated under 
the existing facihties, with 8 acres potentially irrigable, making a maximum of 232 irrigable acres. 

HUNTER'S HOT SPRINGS CANAL COMPANY 

On October 9, 1907, Andrew M. and Julia B. Clark and W. D. and Maggie McKenzie asso- 
ciated themselves together for the purpose of forming the Hunter's Hot Springs Canal Company. 
The purpose of the Company was to supply stockholders and other consumers with water from 
the Yellowstone River for irrigation and other useful and beneficial purposes, and to appropriate 
and acquire water rights and the necessary irrigating ditches and the appurtenances thereto and 
to construct ditches. The Company was incorporated for twenty years with 63 shares of stock 
having a par value of $600, making a capital stock of $37,800. The number of shares actually 
subscribed was 33 Vs- On April 5, 1929, approximately two years after the expiration of the cor- 
poration charter, the Company was reincorporatad under the same name in the amount of $37,800, 
which was divided into 63 shares having a par value of $600. The number of shares actually sub- 
scribed was 33-5 6. In 1950, 63 Vs shares were subscribed. 

Four notices of appropriation were filed by Andrew M. Clark and W. D. McKenzie for waters 
from the Yellowstone River to be conveyed in the Hunter's Hot Springs Canal Company Ditch 
to and upon lands lying in Township 1 South, Range 12 East; Township 1 South, Range 13 East 
and Township 1 North, Range 13 East. The first appropriation for the system was made October 
30, 1897 for 1,000 miner's inches and filed November 19, 1897; the second appropriation was made 
June 1, 1899 for 1,000 miner's inches and filed on June 19, 1899; the third appropriation was made 
May 13, 1901 for 1,500 miner's inches and filed June 1, 1901; the fourth appropriation was made 
June 2, 1902, for 2,000 miner's inches and filed June 3, 1902. The first and second notices of appro- 
priation are on file in Book 3 of Water Rights records on Pages 60 and 155 respectively, in the 
Park County Courthouse. The third notice of appropriation is on file in Book 7 of Miscellaneous 
Records on Pages 557-558 in the Park County Courthouse. The fourth notice of appropriation is 
on file in Book 18 of Water Rights records on Page 161 in the Sweet Grass County Courthouse. 

The Hunter's Hot Springs Canal Company Ditch diverts water by gravity from the Yellow- 
stone River by means of a rock and concrete diversion wing and a concrete headgate on the north 
bank near the north hne of the northwest quarter of the northeast quarter of Section 28, Town- 



—25— 



ship 1 South, Range 12 East in Park County. The ditch traverses thence generally northeasterly 
and terminates near the center of the north line of the northeast quarter of Section 25, Township 
1 North, Range 13 East. Aside from the rock and concrete diversion wing and concrete headgate 
there are several large works. These works include a concrete siphon under a small unnamed 
coulee approximately one mile below the head of the ditch, a metal flume across Dog Creek, a 
concrete dam with steel spillgates across Duck Creek, two metal flumes across small unnamed 
coulees approximately two miles east of Duck Creek, a metal flume across Ox Bow Creek, a con- 
ci-ete flume across an unnamed coulee between Ox Bow and Camp creeks, and a metal flume 
across Camp Creek. All of these structures are in good condition. 

At the present time Hunter's Hot Springs Canal Company ditch conveys water to eight stock- 
holders, or water users. Most of the irrigated and irrigable land lies in Sweet Grass County; 
only 18 irrigated acres and 32 irrigable acres under the ditch are situated in Park County. In 
1950 there were 2,554 acres being irrigated under the Hunter's Hot Springs Canal Company Ditch 
with a potential acreage under existing works of 953, making a total of 3,507 acres irrigable 
under existing facilities. 

KENT MUTUAL DITCH 

The Kent Ditch, sometimes known as the Grey Cliff Ditch, is about IVi miles long, travers- 
ing the low benches south of the Yellowstone River between the mouth of Bridger Creek and 
the town of Reed Point. It diverts water from the Yellowstone River in the northwest quarter of 
the northwest quarter of Section 19, Township 1 South, Range 17 East, traversing generally south- 
easterly from its point of diversion to a point approximately one mile west of Reed Point. 

At the present time there are eight users, each party contributing an equal proportion in 
money or labor to the expense of the maintenance of said ditch down to the point where it 
crosses the lower point of his land. The average cost of water per irrigated acre is $1.00, with 
the entire amount being spent for operation and maintenance. In addition to the eight present 
users, three users on the lower end of the ditch have discontinued using the system because of 
the unreliable water supply, cost of water and the fact that their lands on these low benches are 
partially subirrigated by the Yellowstone River. 

On May 26, 1921, the District Court of the Sixth Judicial District of the State of Montana, 
in and for the County of Sweet Grass, decreed the Kent Ditch (Case No. 1149) . The users were 
decreed the right to convey their prescribed amounts of water through the Kent Ditch for use 
upon lands to which the rights are appurtenant, as follows: 

Date of 
Person to Whom Decreed Land Description Sec. Twp. Rge. M.I. Priority 

John Barstad and NViSWVa, Lots 3, 4, 8 

Ole J. Messing, jointly NE'/4SW>/4 (less 10 Ac.) 28 IS 17E 200 7-1-1894 

Josie K. Bostwick, Lot 4, NEy4SE»/4, SV2SEy4 19 IS 17E 

Ella K. Cashen, Lot 5 27 IS 17E 

Elizabeth K. McConias & Lot 7, SV^2SE>/4 28 IS 17E 

Mary K. Stevens, jointly Ny2NEy4 (less 19.94 Ac.) 33 IS 17E 400 7-1-1894 

J. S. Dillon E'/2NW>/4, SW»/4NEy4, Lot 2 29 IS 17E 200 7-1-1894 

M. A. Farnsworth SE»/4SWV4 25 IS 17E 

Wy2NEV4, NEy4NW>/4 36 IS 17E 200 7-1-1894 

H. G. Fleming SE'/4NEy4, Ey2SE>/4, NWy4SEV4 29 IS 17E 200 7-1-1894 
Sidney Eraser NWy4SWy4, NW»/4NEV4, Lots 1, 

2, 3, 4, 5, 6, 8 20 IS 17E 200 7-1-1894 

Joseph Lay Lot 6 27 IS 17E 

—26— 



Person to Whom Decreed Land Description 



Sec. 



Twp. Rge, 



M.I. 



Date of 
Priority 



sy2sy2, NEy4NEy4 33 is i7e 

Lots 2, 3, NW»/4NWy4, SWy4NEy4 34 IS 17E 100 7-1-1894 

swy4swy4 "so is i7e 

Wy2NWy4 29 is 17E 200 7-1-1894 

Lots 6. 7, 8 26 IS 17E 

Lot 1 34 IS 17E 

Ny2NWy4 35 IS 17E 100 7-1-1894 

Lot 5, Wy2SWy4 25 IS 17E 

Lots 5, 9 26 IS 17E 

NEy4NEy4 35 IS 17E 

Ey2Ey2 17 2S 17E 200 7-1-1894 



Newton Lay 
John MuUer 

Pleun Roobol 



Although not incorporated, the predecessors in interest entered into certain articles of agree- 
ment called the "Agreement of Shareholders in the Grey Chff Ditch" whereby the rights and 
duties of the shareholders were defined. On August 29, 1904, twelve parties jointly filed on 3,000 
miner's inches of water appi'opriated in the spring of 1894 which was diverted from the Yellow- 
stone River and carried through the Kent, or Grey Cliff Ditch to and upon lands lying along the 
Yellowstone River in Township 1 South, Ranges 16, 17 and 18 East. This appropriation is on file 
in Book 19, Page 212 of Water Rights records in the Sweet Grass County Courthouse. 

In 1945 the headworks wei*e taken out by flood waters. The headworks were reconstructed 
in the fall of 1947 at a cost of $5,000, only to be taken out again by flood waters in the spring of 
1948. Due to the lack of adequate works and the flat grade of the ditch, the water supply is 
wholly inadequate after the recession of the spring runoff. Increasing the grade by diverting 
water further up the river and constructing substantial headworks is contemplated. 

In 1950 there were 948 acres being irrigated under the Kent Ditch with a potential acreage 
under existing facilities of 97 or a maximum of 1,045 irrigable acres. 



McLEOD MUTUAL DITCH 

In the year 1889 a ditch locally known as the "McLeod Ditch" was constructed, tapping the 
Boulder River on its left bank approximately one mile below the natural bridge in the south- 
east quarter of the northeast quarter of Section 23, Township 3 South, Range 12 East and tra- 
versing generally northeasterly for six miles and terminating in the northwest quarter of the 
northwest quarter of Section 33, Township 2 South, Range 13 East where it spills into a small 
dry coulee. The original appropriation and filing of the notice of appropriation were made jointly 
by G. W. Baker, E. O. Clark, C. Cottle, E. E. Fowler, L. N. Lepley and W. F. McLeod on May 16, 
1889, for 2,000 miner's inches from the Boulder River. This appropriation is filed in Book 18 of 
Water Rights records on Page 349 in the Sweet Grass County Courthouse. 

On January 5, 1906, the McLeod Ditch was decreed in the District Court of the Sixth Judicial 
District of the State of Montana, in and for the County of Sweet Grass, Case No. 332, as follows: 



Person to Whom Decreed 



Land Description 



Sec. 



Twp. 



Kge. 



M.L 



C. W. Baker 



P. A. Bruffey 



Charles Cottle 



wy2swy4 

Ey2SEy4 

Ey2NEy4, Ny2SEy4 

wy2Nwy4, SEy4 

sEy4NEy4 

wy2swy4 

NEy4NEy4, sy2NEy4, Ey2SEy4 



13 


3S 


12E 


14 


3S 


12E 


23 


3S 


12E 


13 


38 


12E 


14 


3S 


12E 


5 


3S 


13E 


6 


3S 


13E 



100 



100 



100 



—27— 





5 


3S 


13E 






6 


3S 


13E 




E'/4 


7 


3S 


13E 


100 


VVa 


5 


3S 


13E 


662/j 



Person to Whom Decreed Land Description Sec. Twp. Rge. M.I. 

W. F. McLeod SW»4NW>4 

Lot 7, Ey2SWy4, VJViSEVa 

wy2NEy4^ NEy4Swy4, nw>/4SE'/4 

William Nelson Lots 3, 4, SEy4NWy4, NEViSWVi 

Frank Webber Ey2NEy4, SWy4NEy4, NE^iSEiA, 

SVzSWyi, NEy4SW'/4 32 2s 13E 

wy2Nwy4, Nwy4swy4 33 2s 13e 133 Va 

In 1950, the McLeod Ditch was in good condition, having been enlarged and cleaned in the 
spring of 1950 so as to convey the entire 600 miner's inches decreed to the users. The labor re- 
quired to maintain the system is supplied by the users in proportion to their respective rights; 
therefore, the cost of water per irrigated acre, although very slight, cannot be computed. The 
water supply is considered to be sufficient during years with average or above average runoff. 

In 1950, 644 acres were irrigated under the McLeod Ditch with a potential acreage under 
existing works of 14, or a maximum of 658 irrigable acres. 

PIONEER DITCH COMPANY (Dissolved) 

On June 5, 1893, J. A. Cox and Wm. E. Ryan appropriated 2,500 miner's inches of water to 
be diverted by gravity from the Boulder River on its east bank in Section 23, Township 1 North, 
Range 14 East. The designated purpose was for the irrigation of their ranches on the south side 
of Yellowstone River below the town of Big Timber and for selling said water to other ranches 
in the vicinity. The description of the system was given as a ditch 84 inches by 96 inches in 
size. The notice of appropriation was filed June 12, 1893, in the Sweet Grass County Courthouse 
and is recorded in Book 18 of Water Rights records on Page 43. The ditch was actually con- 
structed and put into use in 1893, the point of diversion being in the northwest quarter of the 
southeast quarter of Section 23, Township 1 North, Range 14 East. 

On February 16, 1901, the Pioneer Ditch, then known as the Ryan Ditch, was decreed, Case 
No. 171, as follows: 

Person to Whom Decreed Land Description Sec. Twp. Rge. M.L Priority 



Robert Vestal 


All south of Yellowstone River 


16 


IN 


15E 








Ny2NEy4, Ny2Nwy4 


21 


IN 


15E 


200 


1st 


A. M. Taylor 


sy2NEy4, sy2Nwy4 


21 


IN 


15E 


200 


2nd 


Wm. E. Ryan 


Ey2swy4, wy2SEy4 


20 


IN 


15E 


400 


3rd 



The Pioneer Ditch Company was incorporated, as such, on March 23, 1904. The purpose for 
which the Company was formed was to acquire and construct irrigating ditches, flumes and head- 
gates and to acquire water rights to be taken from the Boulder River. The Ryan ditch was to be 
used and extended so as to convey the water to a point on West Deer Creek or any intermediate 
point, the water to be used for domestic, irrigating and other purposes. The Company was incor- 
porated for a term of twenty years with the amount of capital stock being $20,000 divided into 
200 shares with a par value of $100. The amount of capital stock actually subscribed was 51 
shares. The Company charter expired in 1924 and has not been renewed. 

On October 14, 1906, the Pioneer Ditch Company appropriated an additional 3,000 miner's 
inches from the Boulder River to be carried and conveyed through the Pioneer Ditch Company 
Ditch which was enlarged so as to be seven feet wide and four feet deep and capable of convey- 
ing the additional water to lands in Township 1 North, Ranges 14 and 15 East and Township 1 South, 
Range 15 East. This appropriation was filed October 17, 1906, in the Sweet Grass County Court- 
house and is recorded in Book 18 of Water Rights records on page 200. 

—28*- 



In 1950, the canal was 3^2 miles in length and capable of conveying 3,000 miner's inches of 
water for use by the stockholders on their lands lying below the ditch. The water supply is con- 
sidered to be adequate except in extremely dry years. All of the necessary annual labor required 
to clean out and repair the ditch is performed by the water users, the only charge made for the 
water being $1.00 per share which is to be used to pay the water master. 

In 1950, 792 acres were irrigated and 306 acres potentially irrigable, making a maximum of 
1,098 acres irrigable under existing facilities. 

POST-KELLOGG MUTUAL DITCH 

The Post-Kellogg Ditch taps the Boulder River on its left bank near the center of Lot 7 of 
Section 3, Township 1 South, Range 14 East. It traverses thence AVi miles generally northeast- 
erly above the low river benches and below the surrounding tablelands to a point approximately 
V2 mile southwest of Big Timber where it turns sharply to the west and southwest and tra- 
verses 3 V2 miles to a point in the southwest quarter of the northwest quarter of Section 31, Town- 
ship 1 North, Range 14 East where it dumps into a dry coulee. The water is then picked up by 
private ditches which irrigate lands lying in Sections 20, 30 and 31, Township 1 North, Range 14 
East and Section 25, Township 1 North, Range 13 East. 

The original ditch was constructed by Elmer H. Budd who settled in the area before the 
land was opened to settlement. Subsequently he acquired a squatter's right. J. H. White later 
homesteaded in the area and extended the Budd ditch so as to supply water to his homestead. 
E. H. Budd and J. H. White Jointly appropriated and filed a notice of appropriation for 300 
miner's inches of the waters of Boulder River for the irrigation of lands lying in Section 3, Town- 
ship 1 South, Range 14 East and Section 27, Township 1 North, Range 14 East. Judd Post later 
enlarged and extended the system. Since H. O. Kellogg owned most of the land under the ex- 
tended portion of the system, the mutual ditch became known as the Post-Kellogg Ditch. 

On March 27, 1907, the District Court of the Sixth Judicial District of the State of Montana 
decreed the Post-Kellogg Ditch (Case No. 366). The users were decreed the right to convey their 
prescribed amounts of water through the Post-Kellogg Ditch for use upon lands to which the 
rights are appurtenant, as follows: 

Person to Whom Decreed Land Description Sec. Twp. Ifee 1VI.I. Priority 

Elmer H. Budd Lots 1, 2, SWy4SE>/4, SEy4NE'/4 ~~^ 

B. S. Hollopeter Lot 4 

Lots 1, 2, 5, 6 
Hugh C. Perrine Lots 1, 2, 3, NW»/4NWy4 

H. O. Kellogg Sy2NEy4, NW»/4SEy4, NEy4SWy4 

J. A. Post Sy2SWy4, Wy2SE»/4 

Since the Decree, two appropriations have been filed for water from the Boulder River, said 
water being conveyed to lands under the system. The first of these appropriations was made 
and filed May 6, 1908 by H. O. Kellogg in the amount of 150 miner's inches to be used for the 
irrigation of lands in and adjoining Section 29, Township 1 North, Range 14 East and for live- 
stock and domestic purposes. The second of these appropriations was made and filed by B. S. 
Hollopeter et ux on August 3, 1908, in the amount fo 300 miner's inches. The land to be irri- 
gated was designated as land in Section 3, Township 1 South, Range 14 East and Section 34, 
Township 1 North, Range 14 East. 



—29— 



27 


IN 


14E 


150 


7-15-1895 


2 


IS 


14E 






3 


IS 


14E 


150 


7-15-1895 


26 


IN 


14E 


150 


5-1-1898 


29 


IN 


14E 


125 


5-1-1901 


20 


IN 


14E 


500 


5-1-1901 



A concrete and wood headgate measuring 12 feet on the bottom, 3 feet on top and being 
16 feet in length diverts the water from the Boulder River. A smaller headgate and spillgate is 
situated down the ditch to regulate the ditch water. Above the spillgate approximately 300 yards 
of the ditch have been concrete lined to stop erosion. Considerable bentonite has been used in 
those sections of the ditch that traverse through porous sandstone. 

In 19:0 the cost of water per irrigated acre was $2.00, all of which was used for operation 
and maintenance of the system. The amount of water used was 1,415 miner's inches; however, 
because of seepage and evaporation considerably more water must be conveyed through the 
ditch to insure the thirteen users of sufficient water. In 1950 there were 1,226 acres irrigated 
with 95 acres potentially irrigable under the existing works, or a maximum irrigable acreage of 
1,321 under the existing facilities of the Post-Kellogg Ditch. 

PRATHER-MAYBORN-WESTFALL MUTUAL DITCH 

The Prather-Mayborn-Westfall Mutual Ditch, sometimes known as the Prather- Warren-Car- 
ney Ditch, diverts water from the Yellowstone River in the southeast quarter of the southwest 
quarter of Section 7, Township 1 South, Range 13 East by gravity by means of a wood headgate 
set into a sheer rock bluff. For approximately eight miles the ditch traverses above the low benches 
bordering the south bank of the Yellowstone River. 

On May 1, 1893, Thomas Prather, William Mayborn and Joseph Westfall jointly appropri- 
ated 4,000 miner's inches of water to be diverted from the Yellowstone River and conveyed 
through a ditch measuring 96 inches by 48 inches to and upon lands in Sections 1, 2, 7, 8, 9, 10, 
and 11 in Township 1 South, Range 13 East. The notice of appropriation was filed July 28, 1894, 
and is on file in Book 18 of Water Rights records on Page 446 in the Sweet Grass County Court- 
house. On February 28, 1907, 900 miner's inches of water were decreed to be conveyed through 
the Prather-Mayborn-Westfall Ditch and to the parties and lands as follows (Case No. 380): 

Person to Whom Decreed Land Description Sec. Twp. Rge. M I. 

J. H. Ammerman 



John Carney 
Lucinda J. Prather 



Lots 10, 11, 12 


3 


IS 


13E 




Lots 12, 13 


4 


IS 


13E 




NE'/4 


9 


IS 


13E 




Nwy4, Nwy4NEy4 


10 


IS 


13E 


240 


Lots 6, 7, SEy4 


8 


IS 


13E 


150 


Nwy4SEy4, wy2NEy4, Nwy4, Ny2swy4, 


1 


IS 


13E 




Lots 7, 8, 9, 10, 11, SEy4SWy4, 










sy2SEy4, NEy4SEy4 


2 


IS 


13E 




Lot 9 


3 


IS 


13E 




NEy4NEy4 


10 


IS 


13E 




Nwy4Nwy4 


11 


IS 


13E 




NEy*, Ey2SEy4 


12 


IS 


13E 


300 


Wy2NEy4, NEy4SEy4, Lot 4 


36 


IN 


13E 




sy2swy4, wy2SEy4, Lot 5 


31 


IN 


14E 


150 


Lot 1, sy2Nwy4, NEy4Nwy4 


7 


IS 


13E 




Lot 9, SEy4SEy4 


9 


IS 


13E 




Ny2NEy4 


18 


IS 


13E 


60 



C. W. Voges 
Ehzabeth Woods 



The ditch is in very good repair, having been cleaned in 1950 so as to insure conveyance of 
the full 900 miner's inches decreed by Court to the ditch owners and users. In 1950 there were 
1,135 acres irrigated under the system with 270 acres potentially irrigable, making a total of 
1,405 irrigable acres under existing facilities. 



—30— 



SWEET GRASS CANAL AND RESERVOIR COMPANY 

On September 24, 1906, Alex J. Glass filed a notice of appropriation for 20,000 miner's inches 
of the flood waters of Sweet Grass Creek. This appropriation is on file in the Sweet Grass County 
Courthouse in Book 19 of Water Rights records on Page 279. In 1908 the Glass-Lindsey Land 
Company incorporated and let contracts for the construction of dams, reservoirs and canals, which 
said system was to take flood waters from Sweet Grass Creek, impound the water in reservoirs 
and thence distribute the water for irrigation to settlers in the area who at that time were acquir- 
ing land under the Carey Land Act. This system was completed and put into operation in 1911. 
At the time of construction and for a short period subsequent to that time the Wormser Ditch 
from Big Timber Creek, then under the control of the Glass-Lindsey Land Company and later 
the Sweet Grass Canal and Reservoir Company, and the new system were sometimes referred to 
as the Big Timber Carey Act Project since they supplied water to much of the land in that vi- 
cinity acquired under the Act. 

In the spring of 1910 the Sweet Grass Canal and Reservoir Company was incorporated for 
a term of 40 years in the amount of $40,000 which was divided into 40,000 shares having a par 
value of $1.00. A share was designated to entitle the holder to XV2 acre feet of water per acre 
during each and every irrigating season. Until March of 1945, at which time the water users 
under the Big Timber Creek canal and irrigation system of the Sweet Grass Canal and Reservoir' 
Company formed a corporation known as the Big Timber Creek Canal Company, the Corpora- 
tion controlled both the Big Timber Creek canal and irrigation system and Sweet Grass canal 
and reservoir system. The Big Timber Creek Canal Company purchased and acquired all of the 
right, title and interest which the Sweet Grass Canal and Reservoir Company had in the Big 
Timber Creek canal and irrigation system, commonly known as the Wormser Ditch, and water 
and water rights conveyed therein. The water users under the Big Timber Creek system in turn 
relinquished all rights in the Sweet Grass Canal and Reservoir Company. 

Four canals — intake, upper, connecting and lower canals, and two reservoirs and the necessary 
appurtenances, were constructed and are now incorporated under the Sweet Grass Canal and 
Reservoir Company. The intake canal diverts water from Sweet Grass Creek near the south line 
of the northwest quarter of the northeast quarter of Section 34, Township 4 North, Range 15 
East by means of a reinforced concrete headgate having five steel gates which are four feet by 
six feet in size. The canal, an enlargement and extension of a pre-existing private ditch, traverses 
generally southeasterly for 1 V2 miles to a point in the southeast quarter of the southeast quarter 
of Section 35, Township 4 North, Range 15 East where it discharges into the upper reservoir, or 
Lake Adam, which has a capacity of 11,000 acre feet. Through an outlet tunnel located on the 
west side of the upper I'eservoir in the southwest quarter of the northwest quarter of Section 2, 
Township 3 North, Range 15 East water is discharged into the upper canal for distribution to 
lands lying west and southwest of the two reservoirs. The upper canal which is approximately 
I5V2 miles in length was contracted to be enlarged in 1950 so as to carry 2,500 miner's inches. 
Actually it will convey nearly 10,000 miner's inches. In addition to enlarging the ditch in 1950, 
several large works were also constructed: Three concrete spillways to discharge surplus water 
caused by runoff; a metal siphon being 54 inches in diameter and slightly over 200 feet in length 
across Otter Creek; a metal siphon 48 inches in diameter and 75 feet in length across Wheeler 
Creek, and a concrete drop which conveys water from the upper to the lower canal. The con- 
necting canal takes water from the upper reservoir and, after conveying it approximately 1% 
miles in a generally southerly direction, discharges it into the lower reservoir, or Lake Walvoord, 
which has a capacity of 14,000 acre feet. An outlet tunnel through the rock and earth dam on 
the southwest shore of the lower reservoir near the center of the southeast quarter of Section 
15, Township 3 North, Range 15 East discharges water into the lower canal. The lower canal, being 



-^31— 



14% miles in length and having a capacity of approximately 2,500 miner's inches, traverses the 
general course of the upper canal. 

In addition to supplying water to the stockholders, the Corporation supplies Charles Crum 
an unHmited amount of water from the intake canal in return for a right of way for the canal which 
traverses his land, and 350 miner's inches to Leo Cremer in accordance with an agreement entered 
into between the Sweet Grass Canal and Reservoir Company and Leo Cremer. 

In the spring of 1950 the Sweet Grass Canal and Reservoir Company was re-incorporated 
for a term of 40 years in the amount of $80,000 which was divided into 80,000 shares having a 
par value of $1.00. The present indebtedness of the Corporation is $30,000, all of which was bor- 
rowed in 1950 from the FHA for enlarging the upper canal and constructing the necessary ap- 
purtenant structures. The cost of water per irrigated acre will be $1.33 until the loan has been 
repaid. Approximately half of the charges are designated for loan repayment and the other half 
for operation, maintenance and service. 

In 1950 the system supplied a total of 4,252.5 acre feet of water to thirteen stockholders 
plus a total of approximately 550 miner's inches to two non-stockholders, in accordance to agree- 
ments entered into between the Corporation and individuals. In 1950, 2,695 acres were irrigated 
under the system with 5,334 acres potentially irrigable under the existing facilities, making a 
maximum irrigable acreage of 8,029 under the existing works of the Sweet Grass Canal and Res- 
ervoir Company. It is also contemplated that additional land will be irrigated from this system in 
the near future. 

TEN MILE DITCH COMPANY (Dissolved) 

The Ten Mile Ditch Company Ditch diverts water by gravity from Ten Mile Creek in the 
northeast quarter of the northeast quarter of Section 7, Township 2 North, Range 15 East by 
means of a brush dam and wood headgate. The ditch traverses generally southwesterly for ap- 
proximately 4V2 miles supplying water to five users for use upon lands located on the west side 
of Otter Creek in Sections 8, 18 and 19, Township 2 North, Range 15 East, and Section 13, Town- 
ship 2 North, Range 14 East. 

Three appropriations from Ten Mile Creek have been made for lands lying under the present 
system. On April 6, 1904, Martin J. Abrahams, Peter Borgman and John Kamps appropriated 
450 miner's inches from Ten Mile Creek to irrigate lands in Section 18, Township 2 North, Range 
15 East. The filing was made April 9, 1904, and is recorded in Book 19, Page 195 of Water Rights 
records in the Sweet Grass County Courthouse. An appropriation dated December 14, 1909, and 
filed January 3, 1910, was made by Theodore S. Lavold to irrigate lands situated in Section 13, 
Township 2 North, Range 14 East. This appropriation is on file in Book 19, Page 364 of Water 
Rights records in the County Courthouse. Albert Crest and P. J. Magelssen appropriated, De- 
cember 13, 1909, and filed January 3, 1910, on 500 miner's inches of water from Ten Mile Creek 
to irrigate lands in the west half of Section 19, Township 2 North, Range 15 East. This filing is 
recorded in Book 19, Page 365, of Water Rights records in the County Courthouse, 

On November 2, 1904, Articles of Incorporation of The Ten Mile Ditch Company were filed. 
The corporation was to exist for twenty years, and has not been renewed since the expiration of 
its charter in 1924. The capital stock was set at $2,500 which was divided into 100 shares with a 
par value of $25. The number of shares issued was 23. 

One of the purposes of the corporation was to appropriate water from Big Timber Creek 
and convey it by ditches from the southeast quarter of Section 6, Township 2 North, Range 14 



—32— 



East northeasterly to Ten Mile Creek, thence down Ten Mile Creek to Otter Creek, thence down 
Otter Creek to the respective points of diversion of the stockholders of the corporation. On De- 
cember 10, 1904, the Ten Mile Ditch Company appropriated and filed a notice of appropriation 
for 1,200 miner's inches of the waters of Big Timber Creek. A ditch, whose point of diversion is 
on the east bank of the northwest corner of Section 6, Township 2 North, Range 14 East, was 
constructed and traversed generally southeasterly and easterly to Ten Mile Creek. In Case No. 
483, the adjudication of Big Timber Creek and its tributaries, the Ten Mile Ditch Company was 
awarded the 63rd right in the amount of 880 miner's inches. The ditch was in use only one year 
when ravaging flood waters took out the headgate. Since that time the system has not been re- 
paired due partially to the reliable water supply in Ten Mile Creek, which is supplemented by 
waste water and return flow from the Big Timber Creek Canal Company Ditch and the Sweet 
Grass Canal and Reservoir Company system. 

At the present time the Company is operated as a ditch mutual. Each user contributes an 
equal proportion in money or labor to the expense of maintenance of the ditch. Although the 
cost of water per irrigated acre is very slight, no estimate could be ventured. 

In 1950 there were 360 acres being irrigated under the system with a potential acreage under 
existing facihties of 62, or a maximum of 422 irrigable acres. 

DECREES 

Court decrees adjudicating waters are too lengthy and technical to be included herein ver- 
batim. Condensed forms of all of the decrees pertaining to land and water located in Sweet Grass 
County are included in this report. Where possible, the decreed rights of each case have been 
tabulated according to the date of priority. The condensed decree consists of the case title, case 
number, plaintiffs and defendants, persons receiving decreed rights, water source, land descrip- 
tion where the right is appurtenant to the land, amount of water decreed, priority dates, case date 
and presiding judge. The case number has been entered below each decree title in order to facili- 
tate locating the case in the County Courthouse in the event additional information is desired by 
interested parties. Copies of the decree may also be inspected in the State Engineer's Office. 

AMERICAN FORK CREEK (and Tributaries) DECREE 
Case No. 374 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

G. R. Wilson, James H. Duffy, C. J. Koehler, plaintiffs ) 

vs. ) 

Thomas McCurry, T. S. Hannon, Joseph Theabeau, ) 

James Norton & Michael Lyons, Edward Veasey & ) Decree 

Charles McDonnell, S. I. Hopkins, Joseph J. Hopkins, ) 

S. O. Mydland, W. Y. Beecher, William Whalen, ) 

Rystrum & Albert Hillyer, & Syvert Reisland ) 

defendants ) 



—33— 



'P&m&U to Whom Decreed 



Stream 



MI. 



Priority 



C. Koehler 

Veasey & McDonnell 



Tooley-Baxter L. & L. Co. 
Veasey & McDonnell 
Tooley-Baxter L. & L. Co. 
J. H. Duffy 
Veasey & McDonnell 

S. I. Hopkins 



J. H. Duffy 
C. Koehler 



J. H. Duffy 
C. Koehler 

S. I. Hopkins 
Veasey & McDonnell 
J. H. Duffy 
S. B. Raisland 
S. I. Hopkins 
S. B. Raisland 
Veasey & McDonnell 
Norton & Lyons 
C. Koehler 

Thomas McCurry 

S. O. Mydland 

S. G. &. Katie McGregor 

(jointly) 
American Fork Livestock Co. 



North Side Ditch 

South Side Ditch 

McClatchey Ditch from Agnes Cr. 

Ditch No. 3 

Ditch No. 2 

Ditch No. 5 

Ditch No. 6 

South Side Ditch 

Enlargement of Ditch No. 3 

Ditch No. 7 

Ditch No. 1 — South bank of American Fork 

Ditch No. 2 — Springs at head of Agnes Creek 

Ditch No. 3— No. Fk. of American Fork Creek 

North Side Ditch 

Agnes Fork Ditch 

Agnes Fork Ditch 

North Side Ditch 

South Side Ditch 

Agnes Fork Ditch 

Theabeau Ditch 

Enlargement of Ditch No. 3 

Ditch No. 4 from Ahern Creek 

Enlargement of North Side Ditch 

Ditch No. 1 

Ditch No. 4 

Ditch No. 2 from Spring Run Cr. 

Ditch No. 8 from Agnes Cr. 

Enlargement of Agnes Fork Ditch 
Enlargement of North Side Ditch 



Ditch No. 1 
Ditch No. 2 



Dated this 21st day of December, 1908. 



70 
25 

80 

40 
100 

30 
300 

60 
300 

80 

360 

1000 

160 

100 

40 
100 

50 
150 

50 
160 
100 
100 
280 

60 
540 

60 
100 

50 
160 
3900 
180 
180 
120 
300 

480 
480 
500 



Sydney Fox, Judge. 



5-1-1882 

5-1-1882 

5-1-1882 

5-1-1882 

5-30-1882 

6-10-1883 

5-31-1884 

6-1-1884 

5-31-1886 

6-1-1886 

6-10-1886 

12-9-1886 

5-31-1887 

5-31-1887 

5-31-1887 

6-30-1887 

4-10-1888 

6-1-1889 

5-1-1890 

6-30-1891 

6-1-1892 

6-1-1893 

6-1-1896 

4-25-1897 

5-31-1899 

5-31-1899 

5-31-1899 

7-1-1900 

6-30-1901 

9-5-1902 

6-1-1903 

G-1-1903 

6-1-1904 

6-15-1907 

6-25-1907 

9-25-1907 

12-21-1908 



Case No. 13-374 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 
G. R. Wilson et al plaintiffs ) 

vs. ) Decree 

Thomas McCurry et al defendants ) 

In the matter of the Application of James I. Langston for a Decree of Water Right of the waters 
of American Fork, an adjudicated stream. 



-34— 



... It is further Ordered, Adjudged and Decreed that the said James I. Langston has the 
right, authority and privilege to use and appropriate, subject to all former rights and decrees, a 
flow of 3 cubic feet per second of time of the waters of American Fork, which water shall^ be 
taken from the American Fork at a point upon the north bank at a point 710 feet south 46°40' 
west of the northwest corner of section 21, 5N-15E all in Sweet Grass County, Montana, accord- 
ing to the plat and report of survey of said ditch, and that the aforesaid James I. Langston shall 
have the use and benefit of the said flow of 3 cubic feet per second of time of the waters of 
American Fork for the purpose of irrigating certain lands on the Ei^EVa of section 10, 5N-14E, 
all in Sweet Grass County, Montana. 
Done in open Court this 18th day of June, 1913. 

By the Court Albert P. Stark, Judge. 

Case No. 14-374 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

G. R. Wilson et al plaintiffs ) 

vs. ) 

Thomas McCurry et al defendants ) 

In the matter of the Apphcation of Jesse E. Langston, for a survey and Decree of Water 
Right of the waters of American Fork, an adjudicated stream. 

... It is Ordered, Adjudged and Decreed Chat the said Jesse Langston has the right, author- 
ity, and privilege to use and to appropriate, subject to all former rights and decrees, a flow of 3 
cubic feet per second of time of the waters of American Fork, which water shall be taken from 
the American Fork at a point upon the north bank, at a point 710 feet South 46^40' west of the 
northwest corner of section 21, 5N-14E all in Sweet Grass County, Montana, according to the plat 
and report of survey of said ditch, and that the aforesaid Jesse Langston shall have the use and 
benefit of the said flow of 3 cubic feet per second of time of the waters of American Fork for 
the purpose of irrigating the Ni^NWy4, SENWy4, NWNE1/4 of Section 14, 5N-14E. 

. .... .,..; ' ' V. Albert P. Stark, Judge. 

Done in open Court this 18th day of June, 1913. 

BIG COULEE CREEK DECREES 

Case No. 778 

In the Seventh Judicial District of the State of Montana, in and for the County of Yellowstone. 

The Montana Cattle Co., a Corp., plaintiff ) 

yg ) Decree 

B. O. Forsythe, John Rye, James Medley, ) 

George Simmons, Lincoln Graham defendants ) 

... It is Ordered, Adjudged and Decreed by the Court that the defendant B. O. Forsythe is 
entitled to the possession of and is the owner of, the following described land, to-wit: SVzSWi^, 
NESWV4, NWSEy4, sec. 4, 3N-18E and that the same is arid and requires irrigation. That the 
said B. O. Forsythe is also the owner of and entitled to an undivided 12 of a certain water ditch 
and water right, to-wit: All of the available waters of the South Fork of Big Coulee Creek which 

—35— 



flow therein above the heads of the ditch owned in common by said B. O. Forsythe and John 
Rye, diverted from said creek in sec. 18 in said township and range, and that the said waters 
were appropriated by defendant B. O. Forsythe, his grantors and predecessors in interest on 
the day of April, 1884. 

Now therefore, on motion of the counsel for said defendant, B. O. Forsythe, it is ordered, 
adjudged and decreed that the said defendant B. O. Forsythe is entitled to forever have, hold! 
possess and enjoy an individed 1 2 of all the waters of the South Fork of Big Coulee Creek flow- 
ing past the heads of the ditch aforesaid, owned in common by him and his co-defendant John Rye. 

That the said defendant, John Rye is entitled to the possession of and is the owner of the 
Si^NEy4, NWSEV4, NESWy4, sec. 8, 3N-18E in Yellowstone County, Montana, and that the whole 
thereof is arid and requires irrigation. That the said defendant John Rye is also the owner of 
and entitled to an undivided 1 2 of a certain water ditch and water right, to-wit: All of the avail- 
able waters of the South Fork of Big Coulee Creek flowing past the heads of the ditch owned by 
him and his co-defendant, B. O. Forsythe, diverted from said creek in sec. 18, township and range 
aforesaid, and that the said waters were appropriated by said defendant, John Rye, his grantors, 
and predecessors in interest, on the day of April, 1884. 

Now therefore on motion of counsel for the defendant John Rye, it is ordered, adjudged and 
decreed that the said defendant John Rye is entitled to forever have, hold, possess and enjoy an 
undivided 12 of all the available waters of the South Fork of Big Coulee Creek flowing past 
the heads of the ditch aforesaid. 

That the said defendant James Medley is entitled to the possession of the following described 
land in the County of Yellowstone, State of Montana, to-wit: SWy4, sec. 20, 4N-18E and that the 
whole thereof is arid and requires artificial irrigation. That the said defendant James Medley is 
also the owner of and entitled to a certain water ditch and water right to-wit: All of the waters 
of the North Fork of Big Coulee Creek which flows past the head of the said defendant's (James 
Medley) ditch which was taken out by him from said Creek, on the 20th day of March, 1885, above 
the land last described, and on the SWV4 of sec. 20, 4N-18E and that said waters were appropri- 
ated by the said defendant James Medley on the 20th day of March, 1885. 

Now therefore on motion of counsel for James Medley it is Ordered, Adjudged and Decreed 
that the said James Medley is entitled to forever have, hold, possess and enjoy all of the waters 
of the North Fork of Big Coulee Creek flowing past the head of the ditch aforesaid. 

Dated this 22nd day of May 1893. 

George Milburn, Judge, 

Case No. 38 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Stillwater. 



In proceedings supplementary 
to the case entitled: 

) 
The Montana Cattle Company, plaintiff ) 



vs. 



B. O. Forsythe et al, 



) Decree 
defendants ) 
) 



In the matter of the Application of Ellen 
Forsythe to appropriate water in the South 
Fork of Big Coulee Creek for irrigation 
purpose. Big Coulee Creek being an adju- 
dicated stream. 



-36^ 



... It is Ordered, Adjudged and Decreed that the petitioner Ellen Forsythe is entitled to 
and shall have by appropriation for her use, possession and enjoyment 3 cubic feet per second of 
time of the waters of the South Fork of Big Coulee Creek, in Stillwater County (now Sweet 
Grass) , Montana, for irrigation purposes, and she is decreed to be the owner by appropriation of 
said 3 cubic feet per second of time of the waters of said South Fork of Big Coulee Creek, and 
that the date of said appropriation is February 27, 1914. 

Done in open Court on this 13th day of April 1914. 

Albert P. Stark, Judge. 



—37— 



ADJUDICATION OF BIG TIMBER CREEK AND ITS TRIBUTARIES— DECREE 

Case No. 483 



E. N. Bailey, E, O. Clark, Frank Henry, Alfred Rudd, Briggs-Ellis Co., 
R. Langford, Robert Naumayer, Rebecca M. Davis, J. W. Davis, 
Maria T. Hathaway, Christina Rudd, J. L. Rapstad, Sven J. Mauland, 
Nils Iverson, A. O. Anderson, A. H. Arneson, Samuel Sanderson, 
W. J. Hannah, Margaret A. Hannah, Edw. Hauge, P. J. Magelssen, 
Hannah Rudd, Ten Mile Ditch Co., Fred Webb 



plaintiffs 



vs. 



Nicholas Tintinger, Jacob Urdahl, R. E. Hauge, Bina Hauge, John Gough, 
N. J. Tintinger, Maria Tintinger, T. M. Grosfield, A. M. Grosfield, 
Caroline Carnes, Citizens State Bank (of Big Timber), Holland 
Irrigation Canal Co., Alexander Grant, John T. Mjolsness, G. DeKoning, 
R. Sinnema, C. Moens, L. Sikkama, B. Plaggemeyer, D. J. Walvoord, 
L. P. Tintinger, Severen Nelson, G. Haak, Chas. F. Stocker, 
H. E. Armstrong, Carl Topel, Osmund L. Mosse, Fred A. Tintinger, 
Marion Nevin, Ivor Nelson, Oleana Iverson, Emil Johnson, Gabriel 
Urdahl, Securities Co. Ltd., Lisa Sjurson, John B. Morris, Wm. G. Muir, 
A. Whitney & J. F. Asbury, Sweetgrass Irrigation Co., Glass-Lindsey Land Co. 



defendants 



Person to Whom Decreed 


Land Description 


Sec. 


Twp. 


Rge. 


M.I. 


Date of 

Priority Priority 


Maria T. Hathaway 


SE'/4 

All 

SWSW>/4, SESW>/4 

AU 


16 
21 
22 

27 


2N 
2N 
2N 
2N 


14E 
14E 
14E 
14E 


146 


1-1-1880 1 


J. L. Rapstad 


AU 

SW'A 

AU 

AU 


2 
4 
5 

~ 9 


IN 

2N 
2N 
2N 


14E 
14E 
14E 
14E 


80 


3-15-1880 2 


T. M. Grosfield 

(Swamp Cr.) 


nviSwva, NV2SEy4, sy2NEy4, 

S'/2NW'/4 


28 


2N 


14E 


200 


4-1-1880 3a 


A. H. Arneson 

(Swamp Cr.) 


AU 

s>/2swy4, Lot 6, sv^2Nwy4, 


1,3 


IN 


13E 







Ny2SEy4, SWNEy4 6 2N 13E 466 

NESWy4, Wy2SE'/4, SESEVi 22 2N 13E 

Sec. 27, 29, 32, 35 2N 13E 

Sec. 7, 19, 29, 31, 33 2N 14E 

N Vz , NESE >/4 , W >/2 S W Va , NES W Va 30 2N 14E 

Sec. 7, 17, 31 3N 13E 



4-1-1880 



3b 



A. M. Grosfield 

(Swamp Cr.) 



All except NViN*/^ 

NEy4, S>/2NW>/4, NENWV4, 

sv2swy4, swsE>/4 

NWy4, SWNEy4, NWSEVi, 



8 2N 13E 
10 2N 13E 334 4-1-1880 



3c 



—38— 



Date of 

Person to Whom Decreed Land Description Sec. Twp. Rge. M.I. Priority Priority 

EVaSWVi 14 2N 13E 

N»/2SEy4, SWNE'/4, SENWy* 20 2N 13E 

NENEVi 22 2N 13E 

Sec. 3, 5, 9, 11, 13, 15, 17, 23, 24, 25 2N 13E 

Sec. 21, 27, 29 3N 13E 

NWVi, NViSWVi, S'/2NEy4, 

NENEy4 28 3N 13E 

Robert Naumeyer T^V2NWV4, Lots 3, 4 

E. N. Bailey All 



12 


IN 


14E 


50 


4-15-1882 


4a 


7 


IN 


15E 


150 


4-15-1882 


4b 


8 


IN 


15E 








8 


IN 


15E 


150 


4-15-1882 


4c 


9 


IN 


15E 









F. A. Webb SWVa 

All 

J. F. Asbury ) SWy4, N'/2 4 2N 14E 

Henry Whitten) Sec. 5, 9, 17 2N 14E 

A. Whitney ) jointly WVi 29 3N 14E 

D. Webb ) Sec. 31, 32, 33 3N 14E 50 6-15-1883 

A. M. Grosfield (See priority 3c) 



(Swamp Cr.) 




' 








160 


6-15-1884 


6 


E. O. Clark and 

Frank Henry (jointly) 
E. O. Clark and 

Frank Henry (jointly) 


(See priority 7) 


Sec. 34, 


, 35 


2N 


14E 


100 
40 


6-1-1885 
6-2-1885 


7 
8 


A. M. Grosfield 

(Swamp Or.) 


(See priority 3c) 










140 


6-3-1885 


9 


Sven J. Mauland 


SENW>/4, NESWVi, Lots 


2, 3.4 


2 


IN 


14E 


100 


7-9-1887 


10a 


J. W. Davis 


W'/2SEy4 

36 acres in NWNE'/4 




2 
11 


IN 

IN 


14E 
14E 


25 


7-9-1887 


10b 


W. J. Hannah 

(Middle Fork) 


SEy4, sy2swy4 

All 

SW»/4 

NEy4, E»/2SE'/4 




18 
19 
20 
30 


3N 
3N 
3N 

3N 


13E 
13E 
13E 
13E 


120 


7-15-1887 


11 



Reuben Langford Lots 1, 2 12 IN 14E 50 6-15-1888 12 

Carrie Sanderson SVaSEVi, E»/2SWy4, SENWy4, 

NWSW»/4, NWSE>/4, SWNEy4 4 3N 13E 
( Amalong Cr.) E Vz SW 'A , NWS W V4 , SEN W Va , 

W»/2NW>/4 10 3N 13E 160 6-15-1888 13a 

NWNE1/4, NENW'/4 14 3N 13E 

Sec. 5, 9, 11, 15 3N 13E 



—39— 



Date of 

Person to Whom Decreed Land Description Sec. Twp. Rge. M.I. Priority Priority 

John Mjolsness SEy4, SENWV^, NESWy4, Lots 3, 4 6 3N 13E 

(Amalong Cr.) 50 6-16-1888 13b 

J. F. Asbury, et al (See priority 5) 50 7-1-1888 14 

Tintinger Bros. All 1 2N 13E 

(North Fork) Ey2NWy4, SEy4 16 3N 13E 50 7-15-1888 15 

N»/2Nwy4, sy2SEy4, swNWVi, 

NWSWy4, E>/2SWy4 34 3N 13E 

All 35 3N 13E 

wy2Nwy4, Ny2swy4 36 3n ise 

A. M. Grosfield (See priority 3c) 

(South Fork) 160 6-15-1889 16 

A. H. Arneson (See priority 3b) 

(Swamp Cr.) 100 9-14-1889 17 

A. M. Grosfield (See priority 3c) 

(South Fork) 20 9-15-1889 18 

A. M. Grosfield (See priority 3c) 

(Swamp Cr.) ' 50 4-21-1890 19a 

A. M. Grosfield (See priority 3c) 

(Swamp Cr.) 40 4-21-1890 19b 

o. L. Mosse Ey2Nwy4, sy2NEy4, Ny2SEy4, 

(Swamp Cr.) SESEy4 8 2N 13E 40 4-21-1890 19c 

A. H. Arneson (See priority 3b) 

(Swamp Cr.) 60 4-21-1890 19d 

A, 11. Arneson (See priority 3b) 

(Swamp Cr.) 60 6-1-1891 20 

Nils Iverson Ey2SEy4, NWSEy4, SWNEy4, NWy4 6 2N 14E 50 7- -1891 21 

Christina Rudd All 1 IN 14E 276 3-25-1892 22 

J. F. Asbury et al (See priority 5) 

(North Fork) 300 12-20-1892 23a 

Glass Lindsey Land Co. 1000 12-20-1892 23b 

(North Fork) (See modifying decree) 

Rebecca M. Davis EMj (except 36 acres) 11 IN 14E 180 6-1-1893 24a 

J. W. Davis (See priority 10b) 25 6-1-1893 24b 



—40— 



Person to Whom Decreed Land Description 



Sec. Twp. Rge. 



Date of 
M.I. Priority Priority 



Robert Naumayer 

A. H. Arneson 

(Swamp Cr.) 

Carrie Sanderson 

(Hailstone Cr,) 

John Mjolsness 

(So. Fk. Amalong Cr.) 

Ed Hauge 

Carrie Sanderson 

(Amalong Cr.) 

John Gough 

Marie T. Hathaway 

J. F. Asbury et al 

(North Fork) 

J. F. Asbury et al 

A. M. Grosfield 

(Swamp Cr.) 

W. J. Hannah 

(South Fork) 

Tintinger Bros. 

(South Fork) 

Nils Iverson 

(South Fork) 

A. M. Grosfield 

(South Fork) 

Clark and Henry 

Christina Rudd 

Margaret A. Hannah 

(Amalong Cr.) 



Ny2NEy4, SENEVi, NESEy4 
(See priority 1) 
(See priority 5) 

(See priority 5) 
(See priority 3c) 

(See priority 11) 

(See priority 15) 

(See priority 21) 

(See priority 3e) 



/ 



(See priority 4a) 
(See priority 3b) 

(See priority 13a) 

(See priority 13b) 

N»/2NWy4, SWNWVi, NWSWV4 22 2N 14E 
(See priority 13a) 



34 2N 14E 



(See priority 7) 

(See priority 22) 

Ny2NV2 4 2N 13E 

SEy4, Ny2swy4 8 3N i3e 

NWy4 20 3N 13E 

NEy4, Ey2SEy4, SWSEy4, NENWy4 32 3N 13E 

All 33 3N 13E 



50 6-1-1893 24c 

40 7-1-1893 25 

40 7-2-1893 26 

20 7-3-1893 27 

60 7-1-1894 28 

140 7-2-1894 29 

80 6-1-1895 30 

30 6-1-1895 31 

130 6-10-1895 32 

20 6-11-1895 33 

60 6-12-1895 34 

250 5-23-1896 35a 

250 5-23-1896 35b 

50 5-23-1896 35c 

22 5-23-1896 35d 

80 6-30-1897 36 

180 7-1-1897 37 

40 8-1-1897 38 



—41— 



Person to Whom Decreed Land Description 



Date of 
Sec. Twp. Rge. ML Priority Priority 



Alfred Rudd 

A. M. Grosfield 

(Swamp Cr.) 



Lots 2, 3, 4, 5, 6, 7 
(See priority 3c) 



W. J. Hannah (See prioiity 11) 

(Devil Cr.) 

Tintinger Bros. (See priority 15) 

(Devil Cr.) 

Alexander Grant SEVi 

(Hailstone Cr.) 



J, L. Rapstad 
Maria Hathaway 
Margaret Hannah 
Rebecca M. Davis 



(See priority 2) 
(See priority 1) 
(See priority 38) 
(See priority 24a) 



J. L. Rapstad, Gdn. All 

All 

Maria T. Hathaway (See priority 1) 

Briggs-Ellis Co. NV'2SEV4, EVaSWV^ 

Wi/2 
Lots 1, 2, 3, 4 

Maria T. Hathaway (See priority 1) 

(McGerry Cr.) 

Clark and Henry (See priority 7) 

(Swamp Cr.) 

Tintinger Bros. (See priority 15) 

(South Fork) - 

A. M. Grosfield (See priority 3c) 

(South Fork) 



Albert Crest 



All 

Ny2NEy4, Ey2NW>/4 



Charles F. Stocker and All 

H. E. Armstrong (jointly) Ny2SW>/4, N»/2SEV4, Sy2SWV4, 

sy2SEy4 



6 IN 15E 170 9-1-1897 39 

50 9-15-1897 40 

200 G-1-1898 41 

40 6-1-1898 42 

10 3N 13E 

70 7- -1898 43 

40 1-1-1899 44 

56 6-1-1899 45 

40 6-1-1900 46 

30 7-1-1900 47 

36 2N 14E 500 5-1-1901 48 
31 2N 15E 

70 7-1-1901 49 

10 IN 14E 550 3-14-1902 50 

11 IN 14E 
15 IN 14E 



20 6-30-1902 51 



150 9-1-1902 52 



450 9-15-1902 53 



278 1-1-1903 54 

11 3N 14E 100 5-3-1903 55a 
14 3N 14E 

1,3 3N 14E) 300 5-3-1903 55b 

) 
2 3N 14E) 



.—42— 



Person to Whom Decreed Land Description 



Date of 
Sec. Twp. Rge. M.I. Priority Priority 



Lots 3, 4, SENW»/4, SWNEy4, 

Ny2NEV4, SENEV4 
NEy4 
Charles F. Stocker All 

NWNW'/4 

A. H. Arneson (See priority 3b) 

(Dry Cr.) 

O. L. Mosse (See priority 19c) 

(Dry Cr.) 

A. M. Grosfield (See priority 3c) 

(Dry Cr.) 

A. M. Grosfield (See priority 3c) 

(Swamp Cr.) 



E. N. Bailey 

W. J. Hannah 

(Middle Fork) 



(See priority 4b) 
(See priority 11) 



Jacob Urdahl NE>/4 

Maria T. Hathaway (See priority 1) 

Maria T. Hathaway (See priority 1) 

(Swamp Cr.) 

Bina Hauge Sy2NWV4, N'/aSWVi, Ny2SEy4 

(South Fork) 

W. J. Hannah (See priority 11) 

(South Fork) 

Ten Mile Ditch 

A. M. Grosfield (See priority 3c) 

(Swamp Cr.) 

W. J. Hannah (See priority 11) 

(South Fork) 

Margaret A. Hannah (See priority 38) 

(South Fork) 

John Mjolsness (See priority 13b) 

(Amalong Cr.) 



) 

6 3N 14E) 

10 3N 14E) 

33 4N 14E) 

34 4N 14E) 



47 9-5-1903 56a 

145 9-5-1903 56b 

140 9-5-1903 56c 

80 9-9-1903 57 

200 3-4-1904 58 

. 100 5- -1904 59 

16 2N 14E 60 6-15-1904 60a 

128 6-15-1904 60b 

150 8-2-1904 61 

100 11-22-1904 62a 

120 11-22-1904 62b 

880 11-25-1904 63 

20 12-1-1904 64 

60 5- -1905 65 

200 6-1-1905 66 

50 5-1-1906 67 



12 2N 13E 



—43— 



Person to Whom Decreed Land Descriotion 



Date of 
Sec. Twp. I^e. M.I. Priority Priority 



Carrie Sanderson (See priority 13a) 

(Amalong Cr.) 

Sweetgrass Irrigation Co. 

A. M. Grosfield (See priority 3c) 

(Swamp Cr.) 

Margaret A. Hannah (See priority 38) 

(South Fork) 



J. W. Davis 
Bina Hauge 



(See priority 10b) 
(See priority 62a) 



(Rock Cr.) 



Margaret A. Hannah (See priority 38) 

(Devil Cr.) 

A. O. Anderson NMiNW^A, NMiNE^A, SViNEVi, 

(South Fork) W'/2SEy4 

A. M. Grosfield (See priority 3c) 

(South Fork) 

Hannah Rudd Sy2NE»/4, SENWy4, Lots 3, 4 

(Swamp Cr.) 

Louis Beley 320 Acres in 

(No. Fk. Swamp Cr.) 

Done in open Court this 1st day of April 1911. 



240 6-1-1906 68 

12,000 7-25-1906 69 

220 8-1-1906 70 

250 6-1-1907 71 

20 6-15-1907 72 

150 1-17-1908 73 

120 6-25-1908 74 

8 2N 14E 160 8-1-1908 75 

140 6- -1909 76 



6 IN 14E 



4 IN 14E 



100 7-20-1909 77 



280 5-28-1910 78 



Sidney Sanner, Judge. 



SUPPLEMENTARY DECREES 

Case No. 26-483 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

In the matter of the Application of ) Proceedings supplemental to the case entitled 

Philip W. Hanson to appropriate water ) E. N. Bailey et al 

of Amalong Creek, a tributary of Big ) vs. 

Timber Creek, an adjudicated stream ) Nicholas Tintinger et al 

... It is Ordered, Adjudged and Decreed that the petitioner Philip W. Hanson is entitled 
to and shall have by prior appropriation, appropriated on the 6th day of April 1914 for his use, 
possession and enjoyment 1^2 cubic feet per second of time of the waters of Amalong Creek, a 
tributary of Big Timber Creek, in the County of Sweet Grass, State of Montana, for irrigation 



-^4- 



purposes, and he is decreed to be the appropriator of IV^ cubic feet per second of time of the 
waters of said Amalong Creek and that said appropriation was made on the 6th day of April 1914. 
Done in open Court this 16th day of June, 1914. 

Albert P. Stark, Judge. 



Case No. 31-483 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

In the matter of the Application of Nels ) Proceedings supplemental to the case entitled 
Helleren. To appropriate a water right ) E. N. Bailey et al plaintiffs 

in Amalong Creek, a tributary of Big ) vs. 

Timber Creek, an adjudicated stream ) Nicholas Tintinger 

... It is Ordered, Adjudged and Decreed, that the petitioner Nels Helleren is the appropri- 
ator of 3V2 cubic feet per second of water of Amalong Creek aforesaid appropriated May 27, 1914 for 
the purpose of irrigation, for the irrigation of his lands aforesaid (SWNEVi, WVsiSEVi, SESEVk, 
Sec. 32, 4N-13E), and that he have, use and enjoy said water right, subject to all legal prior ap- 
propriations of the waters of said stream. 

Done in open Court this 8th day of September 1914. 

Albert P. Stark, Judge. 



Case No. 36-483 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

E. N. Bailey et al plaintiffs ) 

vs. ) Decree Modifying Original Decree 

Nicholas Tintinger et al defendants ) 

... It is therefore Ordered, Adjudged and decreed that the original decree heretofore given 
made and entered in said cause be and the same is hereby modified to the effect that the Glass- 
Lindsey Land Company are hereby adjudged to be the owners of and entitled to the beneficial 
use of 1770 inches or a flow of 44 1/4 cubic feet per .second of time of the waters of Big Timber 
Creek and its tributaries as of the date of the original appropriation thereof as heretofore fixed 
in said original decree, to-wit: the 20th day of December 1892. 

Done in open Court this 10th day of August 1915. 

J. M. Clements, Judge. 

Case No. 42-483 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

E. N. Bailey et al, plaintiffs ) 

vs. ) Proceedings Supplementary 

Nicholas Tintinger et al, defendants ) 



—45— 



In the matter of the Application of Ole Langhus and Guri Langhus for a decreed water right 
in the waters of the South Fork of Big Timber Creek, an adjudicated stream in the County of 
Sweet Grass, State of Montana. 

... It is Ordered, Adjudged and Decreed, that the petitioners Ole J. Langhus and Guri 
Langhus are the appropriators of 7^ cubic feet per second of time of the waters of the said 
South Fork of Big Timber Creek as aforesaid as of date July 1, 1917 for the purpose of irrigation 
for the irrigation of their lands as aforesaid (NWy4, W14SWV4, SESW1/4, SEy4, Sec. 22, 3N-13E), 
and that they have, use and enjoy said water right subject to all legal prior appropriations of 
the waters of said stream. 



Done in open Court this 19th day of December 1917. 



Albert P. Stark, Judge. 



BRIDGER CREEK DECREE 

Case No. 86 

In the District Court of the Sixth Judicial District in and for Sweet Grass County, Montana. 



Mary Kent plaintiff ) 
vs. ) 
J. H. Whiting, A. N. Thompson, ) 
Fred Thompson, Bert Wads worth, ) 
John Knox and J. N. Mills, defendants ) 

Person to Whom Decreed 


Decree 
M.I. 


Priority 


Mary Kent 
J. H. Whiting 
A. N. Thompson 
J. N. Mills 
John Knox 


220 
75 
60 
50 
50 


1879 & 1880 
2-15-1893 
2-15-1893 
7- -1895 
3- -1896 



Dated this 18th day of March 1898. 



Frank Henry, Judge. 



LOWER OR EAST DEER CREEK (and Tributaries) DECREES 

Case No. 315 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 



John Cosgriff, John Frost, Thomas Cosgriff 

Jacob Hohenberger, S. R. Dillon Sz J. G. Hooper, plaintiffs 

vs. 
T, M. Grosfield, Peter Hughes, Tennis Rapstad, 
Ole Birkeland, L. S. Davis, C. S. Unzem, 
Tonette Ketosh and Louis Walters, defendants 



Decree 



^46— 



Person to Whom Decreed 



M.I. 



Priority 



John Frost 


50 


4-1-1891 


John Cosgriff 


50 


4-1-1891 


Thomas Cosgriff 


80 


4-1-1891 


Louis Wahers and 






Tonette Ketosh, jointly 


240 


9-1-1892 


Peter Hughes 


40 


10-10-1892 


Jacob Hohenberger 


40 


6-15-1893 


Ole Birkeland 


50 


6-15-1893 


S. R. Dillon 


25 


7-2-1893 


T. M. Grosfield (Spring Cr.) 


40 


10-17-1893 


J. G. Hooper 


30 


3-1-1894 


John Cosgriff 


58 


5-1-1895 


John Frost 


50 


5-1-1895 


J. G. Hooper 


40 


6-1-1895 


Ole Birkeland 


55 


4-1-1896 


Peter Hughes 


25 


5-1-1896 


Jacob Hohenberger 


32 


7-1-1896 


S. R. Dillon 


62 


5-1-1897 


T. M. Grosfield 


60 


5-1-1899 


Ole Birkeland 


75 


7-5-1901 



Done in open Court this 28th day of March 1905. 



Case No. 5 



Frank Henry, Judge. 



In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. ' 



In the matter of the Application of Lewis S. Davis ) 

for right to appropriate waters of the Lower Deer Creek, ) 
for right to use said waters having been adjudicated. ) 



Decree 



... It is Ordered, Adjudged and Decreed that the said Lewis S. Davis, be and he is hereby 
decreed to be the owner and entitled to the use of 116 inches or its equivalent of 2.9 cubic feet 
per second of time of the waters of Lower Deer Creek as of date August 26, 1908 and that he, 
the said Lewis S. Davis, his heirs, executors, administrators, and assigns is subject to, bound by, 
and in all things shall comply with the decree of this Court made and entered on the 28th day of 
March, 1905, in that certain cause wherein Thomas Cosgriff et al were plaintiffs and T. M. Gros- 
field et al were defendants, wherein the rights to the use of the waters of Lower Deer Creek 
were adjudicatd. 



Done in open Court this 8th day of August 1910. 



Frank Henry, Judge. 



— i7— 



DEVIL CREEK DECREE 

\ Case No. 435 

In the District Court of the Sixth Judicial District of the State of Montana in and for the 
County of Park. 

N. J. Tintinger, plaintiff ) 

vs. ) Decree 

W. J. Hannah & Edward Roberts, defendants ) 

... It is by the Court Ordered, Adjudged and Decreed, that the plaintiff N. J. Tintinger, is 
is the owner and entitled to the possession of E^/zNWV4, SEV4, sec. 26-3N-13E containing 200 
acres more or less, and that the said plaintiff is the owner of and entitled to the use and enjoy- 
ment of 40 inches, or a flow equivalent to one cubic foot per second of time, of the waters of 
Devil Creek, appropriated June 1st, 1898, for the necessary irrigation of the land above described. 

That the defendant W. J. Hannah is the owner of and entitled to the possession of SEy4, 
Si/^SWy4, sec. 18; all of sec. 19; SWy4 sec. 20, 3N-13E and that the said defendant, W. J. Han- 
nah is the owner of and entitled to the use and enjoyment of 200 inches or a flow equivalent 
to 5 cubic feet per second of time to the waters of Devil Creek, appropriated June 1st, 1898 and 
it appearing to the Court that the waters of said Devil creek do not reach the headgate of the 
plaintiff, N. J. Tintinger if allowed to flow in said creek during the irrigation season, said W. J. 
Hannah is hereby decreed the use of all the water in said creek at his headgate not exceeding 
5 cubic feet. 

That the defendant, Edward Roberts is the owner of and entitled to the possession of NEV4 
of sec. 20, 3N-13E and that said defendant Edward Roberts is also the owner of and entitled to 
the use and enjoyment of 120 inches or a flow equivalent to 3 cubic feet per second of time of 
the waters of Devil Creek appropriated June 25, 1908. 

All of said lands above described is in the County of Sweet Grass, State of Montana, and 
all of said lands are adjudged to be arid and require artificial irrigation in order to produce a 
crop of any value whatever. 

Done in open Court this 27th day of Sept. 1909. 

Frank Henry, Judge. 



DECREES OF DUCK CREEK AND TRIBUTARIES 

Case No. 236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Meagher. 

. . . Now on this 25th day of June, 1903, on motions of the respective counsel of the parties 
hereto, it is ordered, adjudged and decreed by the court, as follows: 



—— 4o — 



Person to Whom Decreed 



Land Description 



Sec. Twp. Rge. M.I. 



Date ot 
Priority 



Wm. McKenzie and 
A. M. Clark (jointly) 



Wm. & Hannah DallmEin 



SENE^i, N^aSEVi, SESEVi 12 IS 12E 

(Gage Ditch) NHNW^, Lots 1, 2, 3 8 IS 13E 125 

(Ennis Ditch) All No. of Yellowstone R. 7 IS 13E 200 

NVzNEy*, Lots 1, 2, 3, 4 14 IS 12E 

W Vz S W V^ , SES W 1/4 , SWSE >/4 12 IS 12E 
N'ANWy*, NWNE>/4, 
Lots 1, 2, 3, 4 



7-2-81 
10-9-83 



Briggs-Ellis Cattle Co. All 

(East Fork) 

Mrs. Romans, Adm. of Roman Est. All 

(East Fork) 



13 


IS 


12E 


125 


4-21-84 


35 


IN 


12E 


50 
64 
64 


5-1-84 
6-1-86 
6-1-88 


1 


IN 


12E 


50 
64 
54 


5-1-84 
6-1-86 
6-1-88 



J. N. Kelly 
Frank B. Clark 

Carlos Meigs 

Grant Bishir and 
C. H. Crane (jointly) 

Geo. W. Statham 



(East Fork) E'/2NWy4 
(Alkali Cr.) All 

w>/2Nwy4, wv2SW»/4 
Nwy4 

AU 



]sji/2NW'/4, SWNWy4, 
NWS W 1/4 



14 IN 12E 150 3-25-87 



Francis Bros, and 

L. E. Montgomery (jointly) 



All 



9 


IN 


12E 


100 


10-1-89 


16 


IN 


12E 


100 


6-10-94 


34 


IN 


12E 


85 


8-1-90 


2 


IN 


HE 


300 
280 


9-15-91 
6-1-96 


28 


IN 


12E 


55 


5-1-95 


26 


2N 


lOE 






35 


2N 


lOE 


1000 


6-10-95 



Done in open court this 25th day of June, 1903. 



Case No. 2-236 



Frank Henry, Judge. 



In the matter of the Application of ) 

Harvey Coit and Eleanor Coit to ) Order Allowing Appropriation 

appropriate waters of Bailey Creek, ) 

a tributary of Duck Creek ) 

... It is ordered that the application of Harvey Coit and Eleanor Coit to appropriate 10 cubic 
feet per second of time of the waters of Bailey Creek, a tributary of Duck Creek, to be diverted 
from the left bank of said Bailey Creek on the NEy4 of Sec. (34?), 2N-12E in Sweet Grass County, 
Montana for the irrigation of Sec. 2, 1N-12E, the appropriation to date March 15, 1910 be and the 



—49— 



same is hereby allowed; and they are entitled to use and enjoy said water in equal shares be- 
tween them. 



Done in open court this 8th day of August, 1910. 



Case No. 3-236 



Frank Henry, Judge. 



In the District Court of the Sixth Judicial District of Montana, in and for the County of 
Sweet Grass. 



In the matter of the Application ) 

of A. M. Clark and William McKenzie ) 
to appropriate waters of Duck Creek ) 



Orders Allowing Appropriation 



... It is ordered that the appUcation of A. M. Clark and William McKenzie to appropriate 
121/2 cubic feet per second of time of the waters of Duck Creek to be diverted from two points 
of said Duck Creek, one of which points is on the west bank thereof 643 ft. south 49° 30 min. 
west from the NE corner of Sec. 12, 1S-12E and the other point of diversion is at a point 669 ft. 
north 55"^ 25 min. west from the NE corner of Sac. 12, 1S-12E, for the irrigation of lands owned 
by said appropriators in Sec. 12, 1S-12E. and Sec. 7 and 8, 1S-13E in said county in appropria- 
tion to date 28th day of April, 1910 be, and the same is hereby allowed, and they are entitled to 
use and enjoy said water in equal shares between them. 

Done in open court this 8th day of August, 1910. 

Frank Henry, Judge. 

Case No. 6-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 



Grant Bisher, Minnie L. Bisher, R. L. Jarrett, 
Harvey Coit, Eleanor Coit, A. B. Coit, 
B. A. Matterson, Briggs-Ellis Co., Ltd., 
Charles H. Shook, Chas. H. Shook, Adm. of 
Estate of Roy Shook, deceased, for a Decree 
settling the water rights on Duck Creek, 
Sweet Grass County, Montana. 



) 



Decree 



. . . Each of the parties to this action is entitled to the use of the waters of Duck Creek and 
its tributaries, subject and inferior to prior decrees of this Court relating thereto. 



Person to Whom Decreed 



DECREE 
Land Description 



Sec. Twp. Rge. M.I. 



Date of 

Priority 



Briggs-Ellis Co. Ltd. (Lowell Cr.) 

(Hole-in-Rock Cr.) 

Charles H. Shook (Henry Cr.) N'/2NE»/4 

B. A. Matterson SVaSWVi 

R. L. Jarrett Lots 6, 7 

Minnie L. Bisher SEV4 



25 IN HE 

32 2N 12E 

26 IN 12E 
6 IS HE 



100 

100 

80 

30 

60 



7-1-1903 
7-1-1910 
7-1-1903 
7-1-1903 
5-1-1905 



34 2N HE 160 6-30-1905 



—SO— 

















Date of 


Pcrsun to Whom Decreed 




Land Description 


Sec. 


Xwp. 


Rge. 


M.I. 


Priority 


Est. of Roy Shook 


(Henry Cr.) 


w'ANWvi, wy2swy4 


28 


2N 


12E 


80 


10-1-1905 


Harvey & Eleanor Coit 


(Henry Cr.) 




2 


IN 


12E 


200 


5-1-1910 


Grant Bisher 


(Cay use Cr.) 


NV2 


1 


IN 


HE 


80 


5-10-1910 


A. B. Coit 


(Wilcox Cr.) 


S'/2 


26 


IN 


HE 


200 


5-15-1910 



Done in open Court this 27th day of February, 1911. 

Frank Henry, Judge 

Case No. 9-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

In the matter of the Application of ) 

Delphine Prevost for the right to ) 

appropriate waters of Duck Creek, the ) 

right to the use of said waters having ) 

been adjudicated ) 

. . . Wherefore it is ordered, adjudged and decreed that the said Delphine Prevost be and 
she is hereby decreed to be the owner and entitled to the use of 250 inches per second of time 
of the waters of Duck Creek as of the date March 17, 1910 and that she, the said Delphine Pre- 
vost, her heirs, executors, administrators and assigns are subject to, bound by and in all things 
shall comply with the decree of this Court, made entered on the 25th day of June, 1903 in that 
certain cause wherein Wm. McKenzie et al were plaintiffs and Charles Francis et al were de- 
fendants wherein the rights to the use of the waters of Duck Creek were adjudicated. 

Done in open Court this 28th day of December, 1912. 

James F. O'Connor, Judge. 

Case No. 10-236 

In the matter of the Application of Annette P. Coit, for Decree of Water Right of the Waters 
of Duck Creek, (An adjudicated stream). 

... It is ordered, adjudged and decreed that the appropriator, Annette P. Coit, is the owner 
and entitled to the use, possession and enjoyment under and by virtue of a filing thereon under 
the Desert Land Acts of the United States, of the tract of land claimed by her in her Petition 
on Application, in this matter, to- wit: 

The S^/^ of Sec. 24, IN- HE, Park County, Montana and that the said petitioner is in pos- 
session of and entitled to possession under and by virtue of leases thereof, the ^¥2 of Sec. 24, 
the E^/z of Sec. 23 in Township IN, Range HE in Park County, Montana, and that the whole of 
said land is arid and requires artificial irrigation in order to produce crops. 

And it further appearing that the said applicant requires for the necessary irrigation of the 
said lands, 600 inches, or a flow equivalent to 15 cubic feet per second of time, statutory meas- 
urement, of the waters of Duck Creek, (an adjudicated stream) in Park County, Montana. 



—51— 



It is further ordered, adjudged and decreed that the said applicant, Annette P. Coit is the 
owner of the said amount of water as was found to be necessary for the irrigation of the said lands 
set forth and described hereinabove, and that she is entitled to the use and enjoyment thereof 
as of date the 30th day of November, 1912, to the exclusion of all other parties to this action. 

That the said applicant on the 30th day of November, 1912 diverted and appropriated from 
Duck Creek (an adjudicated stream) in Park County, Montana, 600 inches or a flow equivalent 
to 15 cubic feet per second of time, of the waters of Duck Creek, and that she is now the owner 
and holder of the said amount of water, appropriated as of the date aforesaid. 

And it is further ordered, adjudged and decreed that the said Annette P. Coit be, and she 
is hereby enjoined and restrained from in any wise wasting the waters of the said Duck Creek 
and from diverting at any time more water than is necessary for the use to which it is applied, 
or to the irrigation of said lands at the time of diverting the same, and she is hereby enjoined 
and restrained from in any wise interfering with any of the ditches, dams, flumes or headgates 
of any of the other parties to this action, or from using any of the waters of the said Duck Creek 
or the tributaries thereof which other parties are entitled to by right of prior appropriation as 
found in the Decree heretofore made, entered and given in the above entitled cause as of date 
27th of February, 1911. 

Dated February 24th, 1913. 

Albert P. Stark, Judge. 

Case No. 11-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 
William McKenzie et al plaintiffs 

vs. 
Charles Francis et al defendants 

In the matter of the application of William Rea 
for a survey and for a Decree of water right of 
the waters of Duck Creek, an adjudicated stream. 

... It is ordered, adjudged and decreed that the apphcant herein William Rea is the owner 
of and entitled to the use and possession of the tracts of land claimed by him in his application 
in this matter, and that the whole of said land required irrigation, which said lands are: 

Wy2Wy2, W>/2NE>/4, SEN W 1/4, SESW'/4, Sec. 12, IN-IOE. 

That for the purpose of irrigating his said land the said William Rea did on the 30th day of 
December, 1912, appropriate 300 inches (or a flow equivalent to I'^k cubic feet per second of 
time) of the waters of Duck Creek, an adjudicated stream and a tributary of Yellowstone River, 
and that since said date has used due diligence in completing his irrigation works, and that he 
completed the same on the first day of February 1913, and that the said William Rea is entitled 
to and is now the owner and holder of said amount of water of the waters of Duck Creek, appro- 
priated as of the date of the 30th day of December, 1912, 

It is further ordered, adjudged and decreed, that the said parties to this application be, and 
they hereby are, enjoined and restrained from in any wise wasting the waters of Duck Creek, 



—52— 



or diverting at any time more water than is necessary for the use to which it is to be applied 
or the irrigation of his said lands at the time of diverting the same, and he is enjoined and re- 
strained from in any wise interfering with any of the ditches, flumes, or headgates of any of the 
other parties to this action or from using the waters of Duck Creek, or its tributaries, which 
other parties are entitled to by right of prior appropriation as found by the decrees heretobefore 
made, entered and given in the within entitled action. 



Dated this 11th day of March, 1913. 
By the Court. 

Albert P. Stark, Judge. 

Case No. 19-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

William McKenzie et al plaintiffs 

vs. 
Charles Francis et al defendants 

In the matter of the application of 

Olive L. Clark, for a Decree of Water Right 

of the waters of Duck Creek (an adjudicated stream). 

... It is therefore ordered, adjudged and decreed that the said Olive L. Clark is the owner 
of and entitled to the use of S^k cubic feet (140 inches) per second of time of the waters of the 
east fork of Duck Creek as of the date of August 5, 1909. 

Done in open Court this 15th day of Sept., 1913. 

Albert P. Stark, Judge. 

Case No. 28-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

William McKenzie et al plaintiffs ) 

vs. ) Decree 

Charles Francis et al defendants ) 

... It is ordered, adjudged and decreed that for the irrigation of the above described land 
(Ni^Ny2, SWNWy4, Sec. 10, IN-llE), Estelle Prevost is the owner of and entitled to the use and 
enjoyment of 160 miners inches, or a flow equivalent to 4 cubic feet per second of time of the 
waters of Antelope Butte Creek, North Antelope Butte Creek and East Antelope Butte Creek, 
tributaries of Duck Creek, an adjudicated stream, as follows: 

Eighty (80) miner's inches or a flow equivalent to 2 cubic feet per second of time of the 



—53— 



waters of Antelope Butte Creek appropriated May 14, 1914. Forty (40) miners inches or a flow 
equivalent to 1 cubic foot per second of time of the waters of North Antelope Creek, appropri- 
ated May 14, 1914, and 40 miners inches or a flow equivalent to one cubic foot per second of time 
of the waters of East Antelope Butte Creek appropriated May 14, 1914. 

Done in open Court this 8th day of September A. D. 1914. 

Albert P. Stark, Judge. 

Case No. 34-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

In the matter of the application of ) In proceedings supplementary to 

May M. King and Minnie V. Forsythe, ) the case entitled 

To appropriate water rights from the ) Wm. McKenzie et al plaintiffs 

waters of Saw Mill Creek, an ) vs. 

adjudicated stream ) Chas. Francis et al defendants 

... It is ordered, adjudged and decreed that May M. King is the appropriator of 2^i cubic 
feet per second of time, and Minnie V. Forsythe is the appropriator of 2\^ cubic feet per second 
of time, of the waters of Saw Mill Creek, appropriated on the 6th day of July A.D. 1912 for irri- 
gation purposes on the lands aforesaid (Wi/^NWV4, SENWy4, NWSEV4, SWy4, Sec. 32, 2N-13E, 
Lots 1, 2, 3, 4, and 5, SENWy4, SVzNEi^, Sec. 6, 1N-13E), and that they have, use and enjoy the 
amounts, to- wit: 2V2 cubic feet per second for May M. King and 2Vz cubic feet for Minnie V. For- 
sythe, of the waters of said stream, subject to all prior legal appropriations of waters of said stream. 

Done in open Court this 10th day of November, 1914. 

Albert P. Stark, Judge. 

Case No. 37-236 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

William McKenzie et al plaintiffs 

vs. 
Charles Francis et al defendants 

In the matter of Christopher Boe for a Survey and Decree ) Decree 
of Water Right of the Waters of East Duck Creek, a tributary 
of Duck Creek, an adjudicated stream 

... It is further ordered, adjudged and decreed that, the said applicant, Christopher Boe, is 
the owner of the said amount of water as was found to be necessary for the irrigation of the said 
lands set forth and described herein, (The South half of the Southeast quarter, the Northwest 
quarter of the Southeast quarter and the Northeast quarter of the Southwest quarter of Section 
10, Township 1 North, Range 12 East, M.P.M.) and that he is entitled to the use and enjoyment 
thereof, as of date the 14th day of August, 1915, to the exclusion of all other parties to this action; 



—54— 



That the said applicant on the 14th day of August, 1915, diverted and appropriated from said 
East Duck Creek, one hundred and fifty (150) miner's inches or a flow equivalent to three and 
three-fourths (3%) cubic feet per second of time of the waters of said East Duck Creek, and 
that he is now the holder and owner of the said amount of water, . . , 



Dated this 6th day of December, A. D., 1915. 



Albert P. Stark 

Judge of the District Court 



Case No. 40-236 



In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

William McKenzie et al plaintiffs ) 

vs. ) 

Charles Francis et al defendants ) 

In the matter of application of Florence E. Davis for a ) Decree 

Decree of Water Right out of East Duck Creek, a tributary ) 

of Duck Creek, an adjudicated stream. ) 

... It is ordered, adjudged and decreed, that the said Florence E, Davis is the owner of and 
entitled to the use, possession and control of 210 miner's inches, or a flow equivalent to 5.25 cubic 
feet per second of time of the waters of East Duck Creek, a tributary of Duck Creek, an adjudi- 
cated stream, to be diverted from the South bank of said creek in the Northeast corner of Sec- 
tion 30 in Township 2 North of Range 12 East of the Montana Meridian in Montana, in Sweet 
Grass County, Montana. Said appropriation to b3ar date as of May 28, 1915. 

The water above appropriated is to be used for the irrigation and reclamation of the follow- 
ing described real estate, situated in the County of Sweet Grass and State of Montana, and now 
held and claimed by the said Florence E. Davis as a desert claim to-wit; Lots 1, 2, 3 and 4, South- 
west quarter of the Northeast quarter, North half of the Southwest quarter. Northwest quarter 
of the Southeast quarter. Section 32, Township 2 North, Range 12 East, M.P.M. 



Done in open Court this 10th day of January, 1917. 



Albert P. Stark 

Judge of the District Court 



ELK CREEK DECREE 

Case No. 701 

In the Sixth Judicial District of the State of Montana, in and for the County of Sweet Grass. 

Horace B. Yerkes, plaintiff ) 

vs. ) Decree upon Stipulation 

Irving Woolsey, defendant ) 

... It is Ordered, Adjudged and Decreed that the plaintiff is entitled as against the defend- 
ant to divert from Elk Creek, through their joint ditch mentioned in the complaint in this action. 



—55— 



a sufficient quantity of water to carry down to the lowest point on said ditch where the defend- 
ant takes water therefrom to irrigate his land, EVz^'^Vi, NWNEV4, Sec. 10, and SESEy4 Sec. 3, 
3S-13E, 70 inches thereof, or a flow equivalent to 1% cubic feet per second of time, statutory 
measurement; the defendant, Irving Woolsey, is entitled to the use of said waters of Elk Creek 
to irrigate his land in Si^SWV4 sec. 11, SESEy4 sec. 10, NENEy4 sec. 15, all in 3S-13E. 

... the right of the plaintiff to use the said water to the extent of 70 inches is prior in time 
and superior to that of the defendant. 



Signed and filed this 16th day of June 1914. 



Albert P. Stark, Judge. 



FISH CREEK DECREE 

Case No. 330 

In the Sixth Judicial District of the State of Montana, in and for the County of Sweet Grass. 

Blanche W. Martin, plaintiff ) 

vs. ) Decree 

Julia McClatchey, Juha McClatchey, Adm. et al, defendants ) 



Person to Whom Decreed 



M.I. 



Priority 



Jas. H. Duffy 160 5-15-1884 

John Farrington (E. Fork) 240 6-1-1886 

John Harper 50 7-1-1886 

John Harper 110 6-21-1887 

Blanche W. Martin 110 6-1-1890 

Julia McClatchey, Adm. of Robt. McClatchey est. 85 6-1-1892 

JuUa McClatchey 30 6-1-1892 

John Farrington 80 6- -1896 

W. S. & John Widdicombe, jointly • 200 6-1-1899 

John Harper 68 6-2-1902 

Jas. H. Duffy 32 5-1-1903 



Done in open Court this 6th day of April, 1906. 



Frank Henry, Judge. 



Case No. 20-330 



In the Sixth Judicial District of the State of Montand in and for the county of Sweet Grass. 

Blanche W. Martin, plaintiff ) Decree for Water Right 

vs. ) of 

Julia McClatchey et al, defendants ) Anton A. Strand 

... It is Ordered, Adjudged and Decreed that Anton A. Strand is the owner and entitled to 
the use of 6.4 cubic feet per second of time or its equivalent of 256 inches statutory measure- 
ment of the waters of the South Fork of Fish Creek and its tributary Potato Creek, and that 
said Anton A. Strand, his heirs, executors and assigns are subject to, bound by, and in all things 



—56— 



shall comply with the decree of this Court made and entered on the 6th day of April 1906, in 
that certain action theretofore pending in this Court, wherein Blanche W. Martin was plaintiff 
and Julia MeClatchey et al were defendants, wherein the right to the use of the waters of Fish 
Creek and its tributaries was adjudicated. 

Done in open Court this 30th day of Sept. 1913. 

Albert Stark, Judge. 

Case No. 30-330 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

Blanche W. Martin, plaintiff ) 

vs. ) Decree for Water Right 

Julia MeClatchey et al, defendants ) 

In the matter of the Application of Roy E. Freeman for a survey and Decree of Water Right of the 
waters of the southeast Fork of Antelope Creek, a tributary of Fish Creek, an adjudicated stream. 

... It is Ordered, Adjudged and Decreed that the application of the said Roy E. Freeman 
to appropriate 2 cubic feet per second of time of the waters of the Southeast Fork of Antelope 
Creek, a tributary of Fish Creek, an adjudicated stream be, and the same is hereby allowed, and 
that the said appropriation be as of the date of August 8, 1911; and that he is the owner and 
entitled to the possession of the ditch by which said appropriation was made. 

Done in open Court this 8th day of September 1914. 

Albert P. Stark, Judge. 

Case No. 39-330 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

Blanche W. Martin, plaintiff ) 

vs. ) Decree 

Julia MeClatchey, adm. et al, defendants ) 

In the matter of Emily Westborough, for a survey and Decree of Water Right of the water of 
certain springs tributary to Fish Creek, an adjudicated stream. 

. . . Now Therefore, by reason of the law and the premises, it is Ordered, Adjudged and 
Decreed, That the Appropriator Emily Winsborough, is the owner and entitled to the use, pos- 
session and enjoyment, under and by virtue of a filing thereon under the Desert Land Acts of 
the United States of America, of the tract of land claimed by her in her petition of apphcation 
in this matter, to-wit: the Si^SWy4 section 32, 5N-16E, in the County of Sweet Grass, State of 
Montana, and that the whole of said land is arid and requires artificial irrigation in order to 
produce crops. 



—57— 



And it appearing that the said AppHcant requires for the necessary irrigation of the said 
land 60 inches or a flow equivalent to iy2 cubic feet per second of time, statutory measurement, 
of the waters of said springs tributary to Fish Creek, an adjudicated stream in Sweet Grass 
County, Montana. 

It is Further Ordered, Adjudged and Decreed, that the said Applicant, Emily Winsborough 
is the owner of the said amount of water as was found to be necessary for the irrigation of the 
said land set forth and described herein, and that she is entitled to the use and enjoyment thereof 
as of date the 14th day of December 1912 to the exclusion of all other parties to this action. 

That the said Applicant, on the 14th day of December 1912 diverted and appropriated from 
the said springs tributary to Fish Creek, an adjudicated stream, 150 inches or a flow equivalent 
to 3% cubic feet per second of time of the waters of said springs, and that she is now the owner 
and holder of said amount of water, namely: 60 inches statutory measurement. 

Dated the 6th day of September, 1916, by the Court. 

Albert P. Stark, Judge. 

JARRETT OR WRIGHT CREEK DECREE 

Case No. 1087 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

John F. Mclntyre plaintiff ) 

vs ) Judgment and Decree 

Wilma K. Wilson & John H. Wilson, defendants ) Jarrett or Wright Creek 

... It is by the Court Ordered, Adjudged and Decreed as follows: 

That the plaintiff John F. Mclntyre is the owner of certain lands situated in Sweet Grass 
County, State of Montana, described as follows, to-wit: Sy2SWV4, NESWVi, lot 4, sec. 8, 1S-13E; 
NWVi sec. 17, 1S-13E; that said lands are arid and require artificial irrigation for the successful 
raising of crops thereon, that the said plaintiff, John F. Mclntyre is the owner of and entitled to 
the use and enjoyment of IVz cubic feet per second of time, the equivalent of 100 statutory inches 
of the waters of Jarrett Creek, also known as Wright Creek, appropriated on the first day of May 
1881, all of which water is required for the necessary irrigation of his said lands hereinabove 
described, or portions thereof. 

That the defendant Wilma K. Wilson is the owner of certain lands situate in Sweet Grass 
County, State of Montana, described as follows, to-wit: SV2NV2, ^VzSV^, SESEV4 sec. 18, 1S-13E, 
that said lands are arid and require artificial irrigation for the successful raising of crops there- 
on; that the said defendant Wihna K. Wilson, is the owner of and entitled to the use and enjoy- 
ment of 2 1/2 cubic feet per second of time, the equivalent of 100 statutory inches of the waters of 
Jarrett Creek, also known as Wright Creek, appropriated on the first day of June 1884, all of 
which water is required for the necessary irrigation of her said land hereinabove described, or 
portions thereof. 



—58— 



It is further Ordered, Adjudged and Decreed that the defendant John Wilson is not entitled 
to be adjudged the owner of any right or interest whatever in the waters of said creek. 



Done in open Court this 24th day of July, 1920. 



Albert P. Stark, Judge. 



LITTLE BIG TIMBER CREEK DECREE 
Case No. 1957 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

The State Farms Company and Henry Stole, plaintiffs ) 

vs. ) Judgment and 

Citizens State Bank, Sam Morris, ) Decree 

Jake Morris & Arthur Gi'osfield, defendants ) 



Person to Whom Decreed Land D^cription 



Date of 
Sec. Twp. Rge. MJ. Priority 



State Farms Co. 



Arthur Grosfield 



Henry Stole 

Arthur Grosfield 

(Cort Cr.) 

Citizens State Bank 

(North Fork) 
(Springs in 

Henry Stole 

Henry Stole 
Citizens State Bank 
(So. Fk. of No. Fk.) 



Wi/2 

Lots 1, 2, 3, 4, 5, 6, NENWy4, NV2NE>/4 

Lots 1, 2 

Lots 3, 4 
Lots 1, 2 

Lots 1, 2, 3, SENWy4, E»/2SWy4, Wy2SEy4 
Lots 1, 2, 3, Wy2NEy4, Ei/2NWy4, NESWy4, 
NWSEy4 

Ey2 



Listed above 

wy2 
SEy4 

NEy4 

Sec. 1, 2, 11-2N-12E) 
All 

sy2Nwy4, swy4, sy2SEy4 

All 
All 

Nwswy4, E»/2Swy4, sEy4 

All 

wy2Nwy4, swy4, sy2SEy4 



18 


IN 


14E 






19 


IN 


14E 






20 


IN 


14E 


200 


6-1-1886 


24 


2N 


12E 






25 


2N 


12E 






19 


2N 


13E 






30 


2N 


13E 


26.66 


6-1-1887 


12 


IN 


13E 






13 


IN 


13E 


127 
20 


6-1-1891 
6-1-1895 


1 


2N 


12E 






2 


2N 


12E 






11 


2N 


12E 


100 
25 


7-10-1900 
7-1-1899 


11 


IN 


13E 






12 


IN 


13E 






13 


IN 


13E 


185 


5-1-1902 


11 


IN 


13E 


30 


6-1-1902 


10 


2N 


12E 




, 


11 


2N 


12E 






12 


2N 


12E 


150 


7-1-1904 



—59— 



W 



Arthur Grosfield 

(So. Fk. of No. Fk.) Listed above 

Citizens State Bank 

(So. Fk. of No. Fk.) NWSWVi, Ey2SW'/4, SEy4 

Sam and Jake Morris 
(So. Fk. of No. Fk.) N'/2 

Sam Morris and 
Sam and Jake Morris All 
(So. Fk. of No. Fk.) 

Dated this 3rd day of August 1932. 



125 7-1-1904 



10 2N 12E 30 7-1-1908 



14 2N 12E 6 7-1-1911 



14 2N 12E 40 7-1-1920 



Benjamin E. Berg, Judge. 

NORTH FORK OF OTTER CREEK (and tributaries) DECREE 

Case No. 238 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 



plaintiff ) 



B. O. Forsythe, 

vs. 

E. A. Lee, Henry Ellingson, ) Decree 

E. H. Ellingson and Knute Anderson, defendants ) 



) 



Person to Whom Decreed 



M.I. 



Done in open Court this 25th day of June 1903. 



Priority 



Benjamin 0. Forsythe 


120 


6-1-1884 


E. H. Ellingson 


50 


6-1-1885 


E. A. Lee 


50 


6-1-1885 


E. H. Ellingson 


275 


6-1-1890 


E. A. Lee 


100 


6-1-1890 


Knute Anderson 


80 


6-25-1898 



Frank Henry, Judge. 



SHEEP, or MENDENHALL, CREEK DECREE 

Case No. 3163 (Park Co.) 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Park. 

Susan A. Mendenhall plaintiff ) 

vs. ) Decree 

Edward Swainson & John B. Woods, defendants ) 



-60— 



Pei^on to Whom Decreed M.I. Priority 



Susan Mendenhall 


150 


9-1-1882 


Edward Swainson 


50 


6-15-1894 


John B. Woods 


40 


6-25-1894 



Done in open Court this 20th day of February, 1911. 



Frank Henry, Judge. 



SPRING CREEK DECREE 

Case No. 105 

In the District Court of the Sixth Judicial District in and for the County of Sweet Grass. 

Al Harrison, plaintiff ) 

vs. ) Decree 

John Cosgriff, defendant ) 

. . . The plaintiff and defendant shall each respectively, be entitled to use the whole of said 
water alternately for the period of four days each throughout the entire irrigating season of each 
succeeding year. 



November 17, 1899. 

Frank Henry, Judge. 

SUPPLEMENTAL SPRING CREEK DECREE 
Case No. 496 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

A. S. Guthrie and W. S. Sutherland, plaintiffs ) 

vs. ) 

John W. Cosgriff (sued as Wm. Cosgriff) ) Decree 

Thomas Cosgriff and Louis Harrison, defendants ) 

. . . The plaintiffs (co-partners in the ownership of the lands hereinafter described) are the 
owners and entitled to the possession of the following described lands, to- wit: SV2NEV4, Ny2SEy4, 
Sec. 6, 1S-16E. 

That the defendant John W. Cosgriff (sued as Wm. Cosgriff) is the owner and entitled to 
the possession of the following described lands, to-wit: lots 13, 14, SESWV4, SWSEV4, sec. 6, 1S-16E, 
and also NWNEy4 Sec. 7, 1S-16E. 

That the defendant Thomas Cosgriff is the owner and entitled to the possession of lands de- 
scribed as follows, to-wit: SV2SEV4, Sec. 1, Ny2NEy4, Sec. 12, 1S-15E, and also lots 3, 4, 6, 11, 
NESWy4, Sec. 6, 1S-16E. 



—61— 



That all the aforesaid lands are arid and will not produce agricultural crops without having 
water applied thereto artificially. 

Now in accordance with the terms of said stipulation heretofore herein mentioned it is 

Ordered, Adjudged and Decreed that the several rights and interests of the parties hereto 
shall be as follows, to-wit: That the plaintiffs A. S. Guthrie and W. S. Sutherland, joint owners 
of the lands hereinbefore described, shall be, and are hereby decreed to have the right to the 
joint use of all of the waters flowing in Spring Creek, for a period of AVz days consecutively for 
use upon the lands above described or other lands lying below any lands owned at this date by 
the defendants, or either of them; that the defendant Thomas Cosgriff shall have the right to 
the use of all of the waters flowing in Spring Creek, for a period of 4V2 days consecutively, for 
use upon any of the lands described in his said answer; that the defendant John W. Cosgriff shall 
have the right to the use of all the waters flowing in Spring Creek for three days consecutively 
for use upon any of the lands described in his said answer, and hereinbefore ^described or owned 
by him, provided, that the said plaintiffs have the right at any time to use any waters flowing 
in Spring Creek, which may rise in said Creek, below the point of the lowest diversion of waters 
for use upon the lands belonging to either of said defendants. And provided further, that either 
of the parties to this action, may at any time use any of said water for domestic or stock water 
purposes. 



Done in open Court this 22nd day of May 1911. 



Frank Henry, Judge. 



ADJUDICATION OF SWEET GRASS CREEK AND TRIBUTARIES— DECREES 

Case No. 342 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

W. A. Harrison, Herman Uttermohle, Andrew Forsythe, 

Jacob Hoyem, B. L. Ryan, G. M. Parker, Fred Bartels, 

George Rostad and P. H. Becken, co-partners, Iver M. 

Hoyem, Joseph Marstein, Samuel Solberg, Die Crest, 

Frank Gottlob, Hans Peterson, Isaac Rostad, plaintiffs 

vs. 
Paul L. Van Cleve, Alice Van Cleve, Elizabeth McDonald, 
Samuel Berg, Annie Berg, Eugene Patterson, Emil Adam Jr., 
Emil Adam Sr., Edward Adam, Andrew Johnson, Henry WuUum, 
Walter Tucker, Sophia Tessier, Syvert Mydland, A. F. 
Wilkenson, George W. Cook, Tessin Cooke, Henry T. Laurey, 
Alexander Elliott, Albert Hausen, Earl Green, B. O. Forsythe, 

Theodore Lavold, Charles McDonald, John Hoff, Harry Hart, ) Decree 

Jask Hart, James Medley, Matilda Medley, Michael Whalen, 
John Rye, Lena Rye, E. H. Dahl, Julius Gunderson, 
Christ Christensen, H. O. Hickox, H. P. Franklin, 
Wesley Franklm, C. M. Reim, J. H. Scarlett, Andrew Berg, 
George Moore, David Nevin, Wm. Whalen, E. H. Cummings, 
John Norman, Thos. Duncan, Mary Filing, Mabel Hutt, Union 
Bank & Trust Co., executors of Henry Filing est., John Nevin, 
adm. of Oswalk Nevin est., Martin Gyland, Chris Wagelsun, 
P. A. Kittle, Blanche Martin, Henry L. Martin, W. Weatherman, 
W. C. Weatherman, Annie Dahl, Iver Hoyem, T. H. Gurney, Prosper 
Tessier, John Elhott, Henry ElUngson, E. H. EUingson, defendants 



—62— 



Person to Whom Decreed 



Stream 



W, A. Harrison 
Glenn Parker 
Andrew Forsythe 
Herman Uttermohle 
George W. Cook 

H P. Franklin 
George W. Cook 

W, A. Harrison 
Glen Parker 
Andrew Forsythe 
Herman Uttermohle 
E. H. Ellingson 

Herman Uttermohle 
Henry Bartels 
John Nepstad, adm. 

William Seymore and 

Chas. McAllister 
T. S. Lavold 
John Hoff 
John Elliott 
William Whalen 
E. H. Ellingson 

Sam Berg 

Rostad & Becken 

Mary B. EUing, Mabel M. Hutt, 

and Union Bank & Trust Co., 

Exec, of Henry Elling est. 

Fred Bartels 
Iver M. Hoyem 
B. L. Ryan 
Hans Peterson 
Jacob Hoyem 
Matilda A. Medley 
George W. Cook 
Hickox-Hickox Co. 



Cayuse Creek 
Cayuse Creek 



Billie Creek 



Cayuse Creek 



Basin or Runaway Cr. 

J) >> >» M 



Billie Creek 



Big Spring, Sec. 7 



M.I. 


Cu.n./Sec. 


Priority 


120 


3 


9-1-1878 


22 


11 20 


9-1-1878 


148 


3-7 10 


9-1-1878 


142 


3-11 20 


9-1-1878 


200 


5 


6-1-1879 


100 


2-12 


6-1-1880 


250 


6-1 4 


6-1-1881 


22 


11 20 


9-12-1881 


35 


7/8 


9-12-1881 


27 


27 40 


9-12-1881 


26 


13/20 


9-12-1881 


75 


1-7 8 


5-5-1882 


100 


2-1/2 


5-10-1882 


72 


1-4/5 


7-7-1882 


40 


1 


2-1-1883 


200 


5 


4-1-1883 


120 


3 


5-26-1883 


100 


2-1 2 


5-26-1883 


50 


1-1/4 


6-1-1883 


120 


3 


6-2-1883 


40 


1 


7-1-1883 


80 


2 


8-1-1883 


140 


3-1 2 


9-8-1883 



100 



2-1 2 



6-1-1884 



112 


2-4 5 


8-2-1884 


110 


2-3 4 


8-2-1884 


95 


2-3/8 


8-2-1884 


136 


3-2/5 


8-2-1884 


75 


1-7/8 


8-2-1884 


130 


3-1/4 


7-1-1885 


60 


1-1 2 


6-1-1886 


500 


12-1 2 


7-1-1886 


^S^^ 







—63- 



Person to Whom Decreed 



Stream 



IVLI. 



Cu-ft/Sec. 



Priority 



H. P. and Effie Franklin 

Mary B. Elling, Mabel M. Hutt, 

and Union Bank & Trust Co., 

exec, of Henry Elling est. 

Prosper Tessier 

Paul L. Van Cleve and 

John H. Scarlett 
Alice Van Cleve 
H. P. Franklin 
W. P. Franklin 
Prosper Tessier 
W. P. Franklin 
Sam Berg 
George Moore 

William Whalen 
H. P. Franklin 

Effie Franklin 

Sam Solberg 

Mary B. Elling, Mabel Hutt 

and Union Bank & Trust Co. 

Matilda Medley 

Ed and Emil Adam 

John Nepstad, adm. 

W. S. and W. F. Weatherman 
Harry and Jack Hart 
John Elliott 
Henry Wullum 

B. L. Ryan 
Ole Crest 
Prosper Tessier 
Frank Gotlob 
Fred Bartels 
Iver H. Hoyem 

Sam Berg 
Sam Solberg 



100 



2-1 2 



6-1-1887 



Cayuse Creek 

Rye Creek 
Rye Creek 



Cayuse Creek 



Wild Cat Creek 



Basin or Runaway Cr. 



270 


6-3 4 


7-2-1887 


125 


3-1 8 


7-2-1887 


1450 


36-1 10 


7-15-1887 


300 


7-12 


7-15-1887 


700 


17-1 2 


4-1-1888 


400 


10 


4-1-1888 - 


100 


2-1 2 


5-1-1888 


350 


8-3 4 


6-25-1888 


300 


7-1/ 2 


7-30-1888 


108 


2-7 10 


8-1-1888 


240 


6 


9-1-1888 


150 


3-3 4 


9-1-1888 


150 


3-3 4 


9-1-1888 


40 


1 


6-1-1889 


120 


3 


6-1-1889 


140 


3-1 2 


6-1-1889 


50 


1-1 4 


6-1-1889 


100 


2-1 2 


6-1-1889 


200 


5 


9-21-1889 


350 


8-3 4 


8-1-1889 


60 


1-1 2 


10-30-1889 


25 


5 8 


4-1-1890 


6S 


1-7 10 


5-1-1890 


86 


2-3/20 


5-20-1890 


100 


2-1 2 


6-1-1890 


65 


1-5 8 


6-15-1890 


40 


1 


6-1-1891 


175 


4-3 8 


6-10-1891 


200 


5 


5-15-1892 


46 


1-3/20 


6-1-1892 


^^0^ 







, — 64 — 



Person to Whom Decreed Stream 



Isaac Rostad 

Harry and Jack Hart 

Andrew Berg 

Matilda A. Medley 

Henry Bartels 

Rostad & Becken 

E. H. Dahl 

John Rye 

Martin Gyland 

T. S. Lavold 

John Rye 

W. A. Harrison 

John Norman 

John Nepstad, adm. Cay use Creek 

Sam Berg 

E. H. Dahl 

Syvert Mydland 

Sam Berg 

George Moore 

E. L. Patterson 

Charles McDonnell and 

Edward Veasey 
Jacob Hoyem 
Isaac Rostad 
E. L. Patterson 
C. M. Rein 
Sam Berg 
Joseph Marstein 
Ed and Emil Adam 
Andrew Johnson 
Walter Tucker 
Frank Gotlob 
Eugene Cummings 
David Nevin 
Henry Wullum 
Wm. Seymore and 

Chas. McAllister 



—65— 



M.I. 


Cu.ft./Sec. 


Priority 


50 


1-1 4 


6-1-1892 


300 


7-1 2 


6-1-1892 


250 


6-1 4 


6-1-1892 


80 


2 


5-4-1893 


126 


3-3 20 


5-15-1893 


192 


4-4. 5 


5-15-1893 


100 


2-12 


6-3-1893 


250 


6-1 4 


7-20-1893 


180 


4-12 


7-30-1893 


80 


2 


10-1-1893 


3S0 


8-3/ 4 


5-1-1894 


200 


5 


6-1-1894 


50 


1-1/4 


6-1-1894 


80 


2 


6-1-1894 


80 


2 


7-1-1894 


SO 


2 


3-31-1895 


145 


3-5 8 


7-1-1895 


40 


1 


7-1-1896 


600 


15 


5-1-1897 


65 


1-5/8 


6-1-1897 


750 


18-3/4 


4-13-1898 


240 


6 


5-1-1898 


70 


1-3/4 


5-1-1898 


30 


3/4 


6-1-1898 


100 


2-1/2 


6-1-1898 


300 


7-1/2 


6-30-1898 


60 


1-1/2 


5-1-1899 


100 


2-1/2 


5-20-1899 


400 


10 


6-14-1900 


150 


3-3/4 


8-21-1900 


80 


2 


6-15-1901 


125 


3-1/8 


9-21-1901 


125 


3-1 8 


9-21-1901 


40 


1 


4-1-1902 


675 


16-7,8 


5-28-1902 


^"3 







Person to Whom Decreed Stream M.I. CuJt./Sec. Priority 



80 


2 


6-1-1903 


150 


3-3 4 


6-15-1903 


200 


5 


5-1-1904 


50 


1-14 


5-2-1904 


60 


M 2 


6-1-1904 


300 


7-1 2 


6-29-1904 


300 


7-1 2 


6-29-1904 


350 


8-3.4 


6-29-1904 


200 


5 


8-1-1904 


300 


7-1 2 


9-1-1904 


300 


7-1 2 


9-1-1904 


800 


20 


10-1-1904 


700 


17-1 2 


10-1-1904 


3630 







A. F. Wilkinson and 

P. M. Kittle Sour Dough Creek 40 1 7-1-1902 

A. F. Wilkinson and 

P. M. Kittle 
Annie Dahl est. 
Elizabeth McDonnell 
Jacob Hoyem 
George W. Cook 
T. S. Lavold 
E. H. EUingson 
Julius Gunderson 
E. H. Dahl 
Ed and Emil Adam 
Kate Adam 
John Hoff 
Earl Green 

Done in open Court this 6th day of April 1906. 

Frank Henry, Judge. 

Case No. 1-342 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

In the matter of the application of Knute Hanson ) 
for a right to appropriate the waters of Sweet ) 
Grass Creek, the right to the use of waters from ) 
said Creek having been adjudicated and decreed. ) 

. . . Wherefore it is Ordered, Adjudged and Decreed, that the said Knute Hansen be and 
he is hereby decreed to be the owner and entitled to the use of 320 inches or its equivalent, 8 
cubic feet per second of time of the waters of Sweet Grass Creek, as of the date of September 
4, 1908, and that he, the said Knute Hanson is subject to, bound by and shall comply with the 
decree of this Court made and entered on the 6th day of April, 1906 in the cause heretofore 
mentioned, wherein W. A. Harrison et al were plaintiffs, and Paul Van Cleve et al were defend- 
ants, wherein the rights to the use of the said waters of said stream were adjudicated. 

Done in open Court this 21st day of December, 1908. 

Frank Henry, Judge. 



—66— 



Case No. 7-342 

In the District Court of the Sixth Judicial District of the State of Montana, County of 
Sweet Grass. 

In the matter of the appUcation of ) 

Mary Ingle and John Drivdahl to appropriate ) Order allowing appropriation 

water in Sweet Grass Creek for irrigation ) 

... It is ordered and decreed that Mary Ingle and John Drivdahl are the appropriators and 
lawfully entitled to the use of ten cubic feet of the waters of Sweet Grass Creek, in Sweet Grass 
County, Montana, diverted and to be diverted from said stream of Sweet Grass Creek, at a point 
which bears from the S.E. corner of Sec. 23, 4N-14E and on the right bank of said stream North 
39 degrees and 02 minutes west 4426.5 feet distant, from which point of diversion the ditch for the 
diversion of said water extends to and upon the lands of Mary Ingle, to-wit: Si/^NWVi, Si^NE^A, 
NESWy4, NV2SEV4, SESEV4, Sec. 34, 4N-15E, and to and upon the lands of said John Drivdahl, 
to-wit: NEy4 Sec. 32, 4N-15E, in said Sweet Grass County, for irrigation of said land, and that 
Mary Ingle is the appropriator and entitled to the use of 5 cubic feet per second of time of said 
waters, and that John Drivdahl is the appropriator and entitled to the use of 5 cubic feet per 
second of time of said water, to be diverted and used by them through the ditch as shown in 
the report on the engineer on file in this Court. 

Done in open Court the 1st day of July 1912. 

James F. O'Connor, Judge. 

Case No. 17-342 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

W. A. Harrison et al, plaintiffs ) 

vs. ) Order of Decree 

Paul L. Van Cleve et al, defendants ) 

In the matter of Christine Raisland for a survey and decree of water right of the waters of Wild 
Cat Creek, a tributary of Sweet Grass Creek, an adjudicated stream. 

, . . Now therefore by reason of the law and the premises, it is Ordered, Adjudged and ^De- 
creed, that the appropriator, Christine Raisland, is the owner and entitled to the use, possession 
and enjoyment, under and by virtue of a filing thereon under the Desert Land Acts of the United 
States of America, of the tract of land claimed by her in her petition on application in this matter, 
to-wit: the SWSWy4, Ni^SWy4, NWSEy4, Sec. 2, 2N-16E in the County of Sweet Grass, State 
of Montana, and that the whole of said land is arid and requires artificial irrigation in order to 
produce crops. 

And it further appearing that the said AppHcant requires for the necessary irrigation of the 
said lands 100 inches or a flow equivalent to 2^h. cubic feet per second of time of the waters of 
said Wild Cat Creek, a tributary of Sweet Grass Creek, an adjudicated stream in Sweet Grass 
County, Montana. 

It is further Ordered, Adjudged and Decreed: That the said Applicant Christine Raisland is 



—67- 



the owner of said amount of water as was found to be necessary for the irrigation of said land 
set forth and described hereinbefore, and that she is entitled to the use and enjoyment thereof, 
as of date the 16th of July 1913 to the exclusion of all other parties to this action. 

That the said applicant on the 16th day of July 1913 diverted and appropriated from said 
Wild Cat Creek, a tributary of Sweet Grass Creek, an adjudicated stream, 100 inches, or a flow 
equivalent to l^h. cubic feet per second of time of the waters of said Wild Cat Creek, and that 
she is now the owner and holder of 100 inches statutory measurement. 



Dated the 15th day of September 1913. 

Albert P. Stark, Judge. 

Case No. 18-342 

In the District Court of the Sixth Judicial District of the State of Montana in and for the 
County of Sweet Grass. 

W. A. Harrison et al, plaintiffs ) 

vs. ) Order of Decree 

Paul L. Van Cleve et al, defendants ) 

In the matter of Sivert B. Raisland for a 
survey and decree of water right of the waters 
of Wild Cat Creek, a tributary of Sweet Grass 
Creek, an adjudicated creek. 

... It is Ordered, Adjudged and Decreed that the appropriator Sivert B. Raisland is the 
owner and entitled to the use, posse.ssion and enjoyment, under and by virtue of a filing thereon 
under the Desert Land Acts of the United States of America, of the tract of land claimed by 
him in his petition on application in this matter, to-wit: lots 1 and 2, SWNEy4, Sec. 2, 2N-16E 
in the County of Sweet Grass, State of Montana, and that the whole of said land is arid and 
requires artificial irrigation in order to produce crops. And it further appearing that the said appli- 
cant requires for the necessary irrigation of said lands 100 inches or a flow equivalent to 2 Vz cubic 
feet per second of time of the watei*s of said Wild Cat Creek, a tributary of Sweet Grass Creek, an 
adjudicated stream in Sweet Grass County, State of Montana. 

•It is further Ordered, Adjudged and Decreed that the said apphcant Sivert B. Raisland is 
the owner of the said amount of water as was found to be necessary for the irrigation of said 
lands set forth and described herein, and that he is entitled to the use and enjoyment thereof 
as of date the 25th day of June 1913 to the exclusion of all other parties to this action. 

That the said apphcant is now the owner and holder of the said amount of water 100 inches 
or a flow equivalent to 2V2 cubic feet per second of time. 

Dated the 15th day of September 1913. 

Albert P. Stark, Judge. 



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Case No. 25-342 

In the District Court of the Sixth Judicial District of the State of Montana in and for the 
County of Sweet Grass. 

In Proceedings Supplementary to the case entitled: 

W. A. Harrison et al, plaintiffs ) 

vs. ) Decree 

Paul L. Van Cleve et al, defendants ) 

The application of H. P. Franklin to appropriate a water right from the waters of Sweet 
Grass Creek, an adjudicated stream in Sweet Grass County, State of Montana. 



It is Ordered, Adjudged and Decreed, that the Petitioner, H. P. Franklin, is entitled to the 
use, possession and enjoyment of 23.6 cubic feet per second of the waters of Sweet Grass Creek 
for irrigation purposes, and he is decreed to be the appropriator of said 23.6 cubic feet per second 
of the waters of said Sweet Grass Creek, appropriated on the 25th day of October 1913 for irri- 
gation purposes. 

Done in open Court by the Court on this 24th day of February 1914. 

Albert P. Stark, Judge. 

•» 

Case No. 32-342 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

In the matter of the Application of Oscar Drivdahl 
to appropriate a water right from the waters of 
Sweet Grass Creek, an adjudicated stream. 

In proceedings Supplementary to the case entitled: 

W. A. Harrison et al, plaintiffs ) 

vs. ) Decree 

Paul L. Van Cleve et al, defendants ) 

... It is Ordered, Adjudged and Decreed that Oskar Drivdahl is the appropriator of four 
cubic feet per second of the waters of Sweet Grass Creek, an adjudicated stream, appropriated 
July 8, 1911, for irrigating purposes on the lands aforesaid (NWy4, N>^SWy4, Ni^SEy4, Sec. 32, 
4N-15E), and that he have, use and enjoy said water right, subject to all legal prior appropria- 
tions of the waters of said stream. 

Done in open Court this 30th day of September 1914. 

Albert P. Stark, Judge. 



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Case No. 36-342 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

W. A. Harrison et al, plaintiffs ) Petition on Application 

vs. ) for a Decree 

Paul L. Van Cleve et al, defendants ) for Water Right 

In the matter of Lafayette Bailey for a survey 
and decree of water of Spring Creek, a tributary 
of Sweet Grass Creek, an adjudicated stream. 

... It is Ordered, Adjudged and Decreed: That the Appropriator, Lafayette Baily, is the 
owner and entitled to the use, possession and enjoyment, under and by virtue of a filing thereon 
under the Desert Land Act, of the United States of America, of the tract of land claimed by him 
in his pelition on application in this matter, to-wit: S^/zSEVa, NWSEV4, Sec. 12, 2N-15E contain- 
ing 120 acres all of said land being in the County of Sweet Grass, State of Montana, and the 
whole of said land is arid and requires artificial irrigation in order to produce crops. 

And it further appearing that the said applicant requires for the necessary irrigation of the 
said land 120 inches, or a flow equivalent to 3 cubic feet per second of time, statutory measure- 
ment, of the waters of said Spring Creek, a tributary of Sweet Grass Creek, an adjudicated stream 
in Sweet Grass County, State of Montana. 

It is further Ordered, Adjudged and Decreed: That the said Applicant Lafayette Bailey is the 
owner of the said amount of water as was found to be necessary for the irrigation of the said 
lands set forth and described herein, and that he is entitled to the use and enjoyment thereof 
as of date the 20th day of July, 1915, to the exclusion of all other parties to this action. 

That the said Applicant, on the 20th day of July 1915 diverted and appropriated from Spring 
Creek, a tributary of Sweet Grass Creek, an adjudicated stream, 120 inches or a flow equiva- 
lent to 3 cubic feet per second of time, statutory measurement, of the waters of said Spring 
Creek, and that he is now the owner and holder of 120 inches of the said water appropriated as 
of date aforesaid. 



Dated this 22nd day of September 1915. 

Albert P. Stark, Judge. 

Case No. 41-342 

In the District Court of the Sixth Judicial District of the State of Montana, in and for the 
County of Sweet Grass. 

Proceedings supplementary in the Application of John Norman to 
appropriate a water right from the waters of Dry Fork of Sweet Grass 
Creek, an adjudicated stream in Sweet Grass County, Montana. 



—70— 



W. A. Harrison et al, plaintiffs ) 

vs. ) Decree 

Paul L. Van Cleve et al, defendants ) - 

... It is Ordered, Adjudged and Decreed that the petitioner John Norman, is entitled to the 
use, possession and enjoyment of %^k cubic feet per second of the waters of Sweet Grass Creek 
for irrigation purposes, and he is decreed to be the appropriator of said 2V2 cubic feet per sec- 
ond of time of the waters of the Dry Fork of Sweet Grass Creek, appropriated on the 28th day 
of November, 1916. 

Done in open Court on this 4th day of April 1917. 

Albert P. Stark, Judge. 

WARM SPRINGS or FISTECATOR CREEK DECREE 

Case No. 465 

In the District Court of the Sixth Judicial District of the State of Montana in and for the 
County of Sweet Grass. 

Joseph Felenzer, plaintiff ) 

vs. ) 

Wm. Sherwood, Helen Sherwood, ) Decree 

E. W. Pruett, Lulu Pruett ) 

and Martha Anderson, defendants ) 

... It is by the Court Ordered, Adjudged and Decreed, that the plaintiff, Joseph Felenzer, 
is the owner and in possession of the SESEy4 of Section 26, and the EVgNWiA, NESW1/4 of sec- 
tion 35, 3S-12E and that the plaintiff is the owner of and entitled to the use and enjoyment of 
40 inches or a flow equivalent to one cubic foot per second of time, of the waters of Warm 
Springs or Fistecator Creek, appropriated March 30, 1903, for the necessary irrigation of the 
lands above described. 

That the defendant, E. W. Pruett, is the owner of and in possession of and entitled to the 
possession of the SESW1/4, WVaSWiA, SWNWi/j, of section 35, 3S-12E and that the defendant, 
E. W. Pruett, is the owner of and entitled to the use and enjoyment of 35 inches or a flow equiva- 
lent to 7 8 cubic foot per second of time to the waters of Warm Springs or Fistecator Creek, ap- 
propriated October 1, 1902. That all of said lands above described are arid and require artificial 
irrigation in order to produce a crop of value whatsoever. 

Done in open Court this 13th day of December, 1909. 

Frank Henry, Judge. 



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