The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1894-02-22
WATER RIGHTS.
Farmers owning Land Under the Ditch
in Conference.

those tillers OF the soil who own land
under the ditch OF the Miles City Irri-
eating and Ditch company, and there
was quite a large attendance at the
court house when w. r. Graham called
them to order at 2:15 o'clock.
Those present were B. X. Holt. Louis
King, Paul jackson. James Kelly, Dick
Kelly. John Carter. Hugh Weaver, Har-
vey Corbin. w. s. Gilmore. William
| Strong. Ben T. Smith. Daniel Hamilton.
Robert Cross. Michael Hurley, Patrick
Fay. John Fraser. William Stone. Chas.
F. Kline Robert Aitchison. VIM. r.
Graham. George Deering, Charles Lar
sen. o. Beck. f. Beck. Stephen Darnall,
Chance Weaver, S. NJ. Brann and half a
dozen or so more who were in and out
during the meeting.
w. r. Graham was chosen chairman
and Ben T. Smith secretary of the meet
ing.
The chairman stated the object Of the
meeting to be for the farmers to consult
with each other in regard to the demand
by the ditch company that they should
purchase water rights at s3 per acre for
all the land under the ditch. and also to
devise means for the benefit OF them
selves and the company, which now ap-
peared TO be in need.
Mr.. Strong stated that Mr.. John E.
Light had been invited to attend. and
could undoubtedly enlighten those pres
ent as to the law.
Mr.. Light came forward and in sub
stance said that be had given consider
able attention TO the matter OF water
rights. The ditch company holds its
rights by virtue of its articles Of incor-
poration which were read. and can sell
water rights the same as any other
property. II the farmers purchased
these water rights they must be careful
that the deeds are properly drawn, and
that the ditch is not m~ortgaged. as the
mortgage. If recorded. would hold over
the deeds. The deeds must be SO plain
that anybody can readily understand
them. and tell definitely what they con
vey. Water for a given number Of acres
J. will not do. unless the number of inches
is specified. The company cannot refuse
water to anybody, as long as II Is in the
ditch and It's rules are complied with.
Stockholders have no preference over
non stockholders. but water right have
the preference. Stock in the company
cannot be converted into water rights
Debts of the company could have prece'
dence over water rights only when the
debts were obligations Of record. filed
before the sale u the rights.
Mr.. Light then occupied fully an hour
in answering scores Of questions which
were put TO him by those present. cover
ing every possible phase Of the matter
and the most important may be thu:
summarized: The rights which tn,
company offers guarantee nothing, ex
cept the right to carry water through
the ditch. and take the same date as thu
%company's Appropriation. but If it fall
to keep the ditch IN repair the waite
users can put il in order and use thu
water without paying the company any
thing. but cannot collect damages.
Mr.. Strong said that Mr.. Jordan claim
ed he could restrict the use OF waite
rights to certain lands and that rancher,
must specify the exact land upon which
they intended TO use 1T. Mr.. Light saic
if a rancher bought a right for SO man.
inches of water he could use it where h
pleased or sell it to anybody.
In answer to Mr.. Kline. Mr.. Light sale
that those who owned water rights mus
be supplied first. and the company mus
have the ditch filled to its utmost capac
ity before refusing water to anyone. i
could. however, give all Of the water t.
the holders Of water rights. II an east
ern syndicate purchased all the right
it would have TO obey the same laws. ant
could only sell water at the rates tixe,
by the county commissioners, but coult
raise the price for water rights.
Mr.. Light also stated that the ranch
, ers could enlarge the present ditch L
carry any amount oil water they desired
and all the company could exact from
!. them would be their share of the oper
, ating expenses.
, Mr.. A. Hall said, IF the rancher
have to mortgage their farms to blu,
water rights, why not mortgage them I
buy a $4,000 dredge, and enlarge tn
ditch. and be independent Of the com
pany.
John Carter was willing to let tn
company enlarge the ditch and then bu
a water right.
w. S. Gilmore was ready to donate 9
an inch for water, but did not want I
pay by the acre.
Mr.. Kline said, Let Jordan show hi
naaArs Wnrld's Fair,