The Helena independent., 1892-06-21
CANYON CREEK WATER,
A Verdict Reached in tine Contest Ov
Priority Of Rights.

Verdict Reached in the Contest Over
Priority of Rights.
The long contested water right case OF
L. II. Kleinsohmidt vs. Gus Greiser, Frank
Leedy, John Duffy. Lorenzo Coppler,
Charles Kenok and Ed Richburg reached a
jury verdict yesterday in department No.
of the district court. From tho special
findings submitted to tho jury they con-
clude that at its lowest stage Canyon creek
contains from 800 to 1000 inches of water.
The upper Leedy ditch contained 800 inches
when it was built in 1871 and diverted
water from the Prickly Pear. The lower
Leedy ditch contained. at the dats Of its
construction On or about 1868, 800 inches.
On or before 1868 the old Gteiser ditch con-
tanned 25O inches. Greser and Reh berg
intended when they constructed ditch
Jointly to divert the amount Of water oriRi-
naliy diverted by the old Greissr ditch,
Greiser made continual use of the water
originally diverted by the old Grsissr ditch
up to the time Of the construction of ths
RehberK and Greiser ditch. The Duffy,
Iierney and Coupler ditch was common oed
IN March, 1882 and work prosecuted with
reasonable diligence up the date Of the ar
1anRement with Duffy, Coppler and Tisr.
ney. !ieIney diverted GOO inches from
the Priok)y Pear by the ditch he
originally commenced aud after the
arrah cement between Tie'ney, Duffy aud
Coupler, and work was prosecuted on II
with reasonable diligence until it's com ple-
tion. Water was first diverted for the
original Sears ranch, or present Lsedy
ranch, on or before 1868. Its acreage was
then l6o acres. or this 100 acres was cul-
tivated before Nov. II, 1882, and $50 inch 60
were necessary to irrigate it. Three
hundred inches were originally diverted for
this ranch. Water was diverted for the
Getchell, or present Grieser ranch on or be-
fore 1866 The original acreage of the
Getohell ranch was 22O acres. and 200 of it
could be cultivated which required 800
inches. Two hundred and fifty inches were
diverted as that time for the Getchel ranch.
The survey of the line of the Hooper
Pa ent ditch from Canyon creek was made
Nov. II. 1882 Hooper. Parent. 7. H. Klein
schmidt, Fred Gamer, Z. W. Benttie and
James Blake owned about $500 acres. Tho
Hooper Parent ditch carried when COM
pleted 1866 inches. Work was begun on the
Greiser and RehbsrR dith about April 1883,
and IL was three miles long whom con-
struotsd in 1884. IT. capacity was 45O
Coppler and Tisrney ditch MarcS'
on it after Duffy and coppler
arranged to assist in its construction was in |
May, 1883. Its capacity was 600 inches
Waser WAs nfst brought through this ditch |
TO the Ilerney or present Kenck ranch |
July, 1854. The cultivatable acreage of the
DUFFY ranch in 1883 was 24O and of the
Coupler ranch in 1883, 100 acres.
The Coppler. Duffy and Tiernev ditch
was six miles long when completed. Cans
q Klein first commenced work unon ths
line Of what is now the new Trinity ditch
Oct. 1881, and 1t was eight miles long when
hnaily constructed, In 1882 work was done
on the present line OF the new Trinity
ditch TO the extent Of one mile ut the lovsr
end. Work was commenced ou the line Of
the new Trinity in 1883 and completed in
1886. Water was first used through tho
new Trinity on the Cans d Klein and the
n Martin ranch IN 1857. In July. 1900, there
creek. The Martin ditch was eight miles
longs. the Kleinsch midi Gamer ditch
twenty-two; Duffy, Coppler and Tierney'
six.