The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-09-28
Thursday. September %. 1888.
A QUESTION OF LOCAL IMPORTANCE

owners of the ditch, with the intention
of getting some information as to the
seasons run and regarding future devel-
opment. Mr.. Jordan was quite COM
m%unicative. and from him some things
regarding the ditch we're learned that
will perhaps be news to many.
The early closing Of the ditch this fall
is for the purpose of cleaning it and en-
larging it for the service that it must be
il condition to perform next season.
The extension of the canal towards
Dixon's bluff during the past two years
has brought tributary to it a large
amount Of land belonging to parties who
are financially interested in the ditch
and to whom water must be supplied on
demand. The present capacity OF the
ditch is about 300 inches. reduced by
evaporation. leakage. etc. to perhaps
2.OOO inches. a quantity barely sufficient
to irrigate 1900 acres of land. and in the
prodigal manner in which water is used
in this county. not covering perhaps
more than 1900 acres. while the area un-
der cultivation and depending upon the
ditch for water, aggregated nearly twice
that amount this year. By good man
agement and the indefatigable work of
those in charge. the water was parcelled
out SO thai nearly everybody got some.
but of course those at the lower end OF
the ditch were the ones to suffer as soon
as water became scarce, and 1t so hap
pens that these people were the ones
who had the right to demand the water
by reason of being part owners of the
enterprise. while the majority of those
at the upper end. who by reason of their
favorable location. have the first drafts
from the full canal. and year after year
secure all and more water than they
need. have no legal claim for water ex-
cept as it exists in the shape of a sur
plus. This it appears is the law govern
ing irrigation in this state. Even though
q ditch flows through your land-the
right of way having been acquired-un-
less you are an owner or stakeholder IN
the enterprise you have nolegal claim on
any of the water except the surplus. and
BY that it is not meant what may waste
or leak or overflow. but the surplus over
and above the quantity required to sup
ply those customers. who. being owners
Oh interested in the enterprise. have the
legal right to demand it. So that with Il
canal carrying but 1000 inches. and legal
claimants for that amount or more. no
l.. .~,, ~ in tho ON
terprise. can demand as a right. a supply
u water for his land, even though the
ditch runs through his land. nor can he
take such supply without laying himself
liable. nor can he recover damages for
failure of the ditch to supply him. if the
ditch company can show that its entire
capacity was legally appropriated.
In this condition Of affairs the ques-
ton. What is to be done:' almost
answers itself. II rests with those whose
interests are affected. The ditch is to be
rhut down between the LIST and 10th OF
October. and the work OF enlarging it
will begin at once. 1t is the desire OF
the company to make this enlargement
sufficient for a number of years to come.
but as the enterprise is a struggling one
and without the funds necessary to
prosecute the work On a grand scale de-
uepding upon the future for returns. it
follows that only such increased capac-
ity will be added as will enable the COM
pany to meet the demands OF those who
have legal claims upon it. This being
the case. it was suggested that be-
fore the plans OF enlargement are
fully decided upon. a meeting OF all
who are interested-not as owners only
but in any other way, with the work
ings Of the ditch as an irrigation agent,
be called to meet 10 this city some time
before October 10th. at which the mat
tiers herein set forth can be discussed
and thoroughly understood. The action
taken by the farmers of the lower valley
in the past two years. in working on the
extension of the ditch and taking their
nay in stock. enabled the Ditch Com.
many to extend its canal faster and
farther than would in any other way
have been practicable. and in addition
benefited the farmers by bringing the
water to them and in one year enhanced
the value Of their lands tenfold. What
has been lone by the farmers OF the
lower valley should now be done by
those between the reservoir and the
dam. who have not yet interested them
selves financially in the ditch, for al
though the water may run ny theIl
doors. il its entire volume is appropri
ated by owners below them. they wil
find themselves as far from its fertile
ing influences as were the farmers Of
4be lower valley before they took hold