The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-31
THEY ARE AZ TER WATER
Burnt Fork Is the Name Of the Coveted
Stream.
FRUIT GROWERS MEETING
Viscera of Stewards Body to Be An
alyzed i'm Chicago-FrIends Of
the Victim IndIgnant-Deep
Rooted Suspicion.


which was begun last week in the district
court of Ravalli county for the adjudica-
ton of the rights to the waters of Burnt
Fort creek, is by far the most important
suit that has been brought in this county.
For years there has been constant strife
among the farmers along Burnt Fork
creek and, during seasons when The water
supply has been scarce, there has been
danger of a shotgun warfare among these
farmers over the right to use the water of
this creek for irrigating purposes. This
district contains some of the finest farms
in the whole valley and the questi on of
water rights and the priority of the same
is of great Importance.
The suit is brought by j. A. j. Chapman,
j. c. Rainsford, Lula A. Smith, Walter NJ.
English, Dudley Morton and Samuel j.
Tillman. 1t is not for the purpose of es-
tablishing the absolute rights of these
plaintiffs but to obtain a decision of the
court as to the priority of rights of every
ranchman who uses water from the creek
and to establish this priority so as to
avoid the constant strife which has pre-
vailed in past years during the irrigating
season. That this may be brought about,
all owners of ranches along the creek have
been named as defendants. These are
iS lOilONSs oOhu ntiiiNiiics LhoiiAdo iIOhSs
K. Gwinn, Kate II. Mccormick, Ed Ma
Whaley, Ferd Dyer, Ed Whaley,
Joseph Brown, b. +. Julian, James Phelps,
jr., David Haacke, A. NJ. Hightower. John
b. Spooner, Milton Faucet, Calvin Cook,
Barney Faucet, Sophronia Gibbins, Fay
cite Haley, j. w. Baker, Milton Baker,
Thomas Baker. II. p. Dryer, Myra Baker,
Fannie Baker, w. Whtmore. Mack
Smith, Gus Williams, John Mason, Alex
Buck, John Dougherty, j. S. Robertson,
Chris Hightower, Bennett Baker, Charles
Cowell, ID. Cowell, L. NJ. Reed, David Cam
non, Ed Sheldon, William Golf, L. Il.
Manning. Napoleon de Monitor, John Nc
Ginley, Harvey Fisher, Amos Buck. John
Cobb, John Wood, Mrs. John Wood,
Thomas McFarlane, Robert Smith,
George Johnson, Alex Buchannon, John
Silvey, NJ. II. McGhee, Thomas Johnson,
Eda Viau, George w. Dickinson.
The suit is of a peculiar nature, mas
much as it seeks 10 determine not only
the priority of the rights of the plaintiffs
but also to decide the relative rights of
the defendants. This really complexities
the matter so that there are practically
more than 40 suits in this single case.
There has been an agreement reached by
ii of the defendants as to their relative
rights, and these IA, Robertson, Bell and
others, have decided to make a common
cause. They have retained Crutchfield q
Mats of Missoula to represent them.
Marshall & Corbett and G. w. Reeves of
Missoula are the attorneys for the plaint-
IFS.
On account of its far reaching effects,
the case is attracting considerable atten-
ton all over the valley aud there is prob
ability of an extended and fiercely con-
tested legal contest. If the claims of all
the ranchmen along the creek were adj
mitted. it would require about five times
the amount of water that is contained in
the creek to satisfy them. .J
The area watered by Burnt Fork creek
is one of the most fertile districts in the
West and the extension of cultivation in
this section makes it imperative that adj
ditional water be secured somewhere If,
after the case is decided and the claims
adjusted, there is not enough water-and
there probably will not bet is probable
that an artificial reservoir will be con-
structed at Burnt Fork lake. This would
involve the construction of tunnel which
would tap the lake about 20 feet below the
surface. 1t would be an expensive piece
of work. but the value of the lands below
would justify it, as it would insure an
abundant supply of water, which would
irrigate a large area. Plans for this work
are already being considered and the
work may be begun regardless of the re.
suit of the suit.