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

Part I:

HISTORY OF LAND AND WATER
USE ON IRRIGATED AREAS

^ueet ^faM CcuHtif

^^0

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

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

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

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

495

443

938

182

195

238

133

371

114

441

1,038

1,479

145

543

600

128

204

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

177

639

3,094
236

1,765
748

Total 10,378

180

449

550

3,811

153

149

465

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

244

313

557

731

436

1,167

157

119

153

272

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

902

565

1,467

119

373

393

13,199

15,014

28,213

2,695

5,334

8,029

204

18,594

23,006

41,600

104

173

440

468

27 "

138

151

605

686

605

698

504

598

176

231

16 ■

158

168

—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

MAXIMUM

IRRIGABLE

ACRES

233

17-

250

543

581

150

151

182

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

276

295

276

295

Yellowstone River Basin — Flood Irrigation

Big Timber Creek Drainage Basin

Big Timber Creek -

Grosfield Coulee

Total

18
19

Boulder River Drainage Basin

Boulder River ..

Elk Creek

Small Hopes Creek

Spring Creek „_

_..^„

130

138

Total

193

239

Otter Creek Drainage Basin

Ten Mile Creek, Trib. of

Total

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

Total

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

4
63

40
19

336
532

1,635
54J48
56,383

19
532
551

1,654
55,280
56,934

263

327

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

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

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

14E

210 M.I.

or 3 10 int.

Benjamin S. Hollopeter

NW1/4

14E

140 M.I.

or 1 5 int.

*Ehzabeth Ellison

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

14E

240 M.L

or 11/35 int.

*John Ellison

Lot 4

14E

Lots 1, 2, 3, 4

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—

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

12E

13E

100

—27—

13E

E'/4

13E

100

VVa

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

15E

Ny2NEy4, Ny2Nwy4

15E

200

1st

A. M. Taylor

sy2NEy4, sy2Nwy4

15E

200

2nd

Wm. E. Ryan

Ey2swy4, wy2SEy4

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—

14E

150

7-15-1895

14E

150

7-15-1895

14E

150

5-1-1898

14E

125

5-1-1901

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

13E

Lots 12, 13

13E

NE'/4

13E

Nwy4, Nwy4NEy4

13E

240

Lots 6, 7, SEy4

13E

150

Nwy4SEy4, wy2NEy4, Nwy4, Ny2swy4,

13E

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

sy2SEy4, NEy4SEy4

13E

Lot 9

13E

NEy4NEy4

13E

Nwy4Nwy4

13E

NEy*, Ey2SEy4

13E

300

Wy2NEy4, NEy4SEy4, Lot 4

13E

sy2swy4, wy2SEy4, Lot 5

14E

150

Lot 1, sy2Nwy4, NEy4Nwy4

13E

Lot 9, SEy4SEy4

13E

Ny2NEy4

13E

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

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

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

40
100

30
300

60
300

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

5-30-1882

6-10-1883

5-31-1884

6-1-1884

5-31-1886

6-1-1886

6-10-1886

12-9-1886

5-31-1887

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

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

16
21
22

2N
2N
2N
2N

14E
14E
14E
14E

146

1-1-1880 1

J. L. Rapstad

SW'A

2
4
5

~ 9

2N
2N
2N

14E
14E
14E
14E

3-15-1880 2

T. M. Grosfield

(Swamp Cr.)

nviSwva, NV2SEy4, sy2NEy4,

S'/2NW'/4

14E

200

4-1-1880 3a

A. H. Arneson

(Swamp Cr.)

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

1,3

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

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

—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

14E

4-15-1882

15E

150

4-15-1882

15E

150

4-15-1882

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

E. O. Clark and

Frank Henry (jointly)
E. O. Clark and

Frank Henry (jointly)

(See priority 7)

Sec. 34,

, 35

14E

100
40

6-1-1885
6-2-1885

7
8

A. M. Grosfield

(Swamp Or.)

(See priority 3c)

140

6-3-1885

Sven J. Mauland

SENW>/4, NESWVi, Lots

2, 3.4

14E

100

7-9-1887

10a

J. W. Davis

W'/2SEy4

36 acres in NWNE'/4

2
11

14E
14E

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

13E
13E
13E
13E

120

7-15-1887

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)

(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 terfering 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

14E

200

6-1-1886

12E

13E

26.66

6-1-1887

13E

127
20

6-1-1891
6-1-1895

12E

100
25

7-10-1900
7-1-1899

13E

185

5-1-1902

13E

6-1-1902

12E

150

7-1-1904

—59—

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

6-1-1885

E. A. Lee

6-1-1885

E. H. Ellingson

275

6-1-1890

E. A. Lee

100

6-1-1890

Knute Anderson

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

6-15-1894

John B. Woods

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

9-1-1878

11 20

9-1-1878

148

3-7 10

9-1-1878

142

3-11 20

9-1-1878

200

6-1-1879

100

2-12

6-1-1880

250

6-1 4

6-1-1881

11 20

9-12-1881

7/8

9-12-1881

27 40

9-12-1881

13/20

9-12-1881

1-7 8

5-5-1882

100

2-1/2

5-10-1882

1-4/5

7-7-1882

2-1-1883

200

4-1-1883

120

5-26-1883

100

2-1 2

5-26-1883

1-1/4

6-1-1883

120

6-2-1883

7-1-1883

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

2-3/8

8-2-1884

136

3-2/5

8-2-1884

1-7/8

8-2-1884

130

3-1/4

7-1-1885

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

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

9-1-1888

150

3-3 4

9-1-1888

150

3-3 4

9-1-1888

6-1-1889

120

6-1-1889

140

3-1 2

6-1-1889

1-1 4

6-1-1889

100

2-1 2

6-1-1889

200

9-21-1889

350

8-3 4

8-1-1889

1-1 2

10-30-1889

5 8

4-1-1890

1-7 10

5-1-1890

2-3/20

5-20-1890

100

2-1 2

6-1-1890

1-5 8

6-15-1890

6-1-1891

175

4-3 8

6-10-1891

200

5-15-1892

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

1-1 4

6-1-1892

300

7-1 2

6-1-1892

250

6-1 4

6-1-1892

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

10-1-1893

3S0

8-3/ 4

5-1-1894

200

6-1-1894

1-1/4

6-1-1894

7-1-1894

3-31-1895

145

3-5 8

7-1-1895

7-1-1896

600

5-1-1897

1-5/8

6-1-1897

750

18-3/4

4-13-1898

240

5-1-1898

1-3/4

5-1-1898

3/4

6-1-1898

100

2-1/2

6-1-1898

300

7-1/2

6-30-1898

1-1/2

5-1-1899

100

2-1/2

5-20-1899

400

6-14-1900

150

3-3/4

8-21-1900

6-15-1901

125

3-1/8

9-21-1901

125

3-1 8

9-21-1901

4-1-1902

675

16-7,8

5-28-1902

^"3

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

6-1-1903

150

3-3 4

6-15-1903

200

5-1-1904

1-14

5-2-1904

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

8-1-1904

300

7-1 2

9-1-1904

300

7-1 2

9-1-1904

800

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.

—68—

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.

—69—

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.

-71-