The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-10-11
A BIG WATER RIGHT SUIT.
The Waters of Milk River Will BE Ap'
portioned Among Various Claimants.

Ane atcrS OF Milk River Will he Ap'
portioned Among Various Claimants.
q biggest water right suit ever
undertaken in Montana has been com.
menced in the district court of Chou.
teau county, the complaint having
been filed this Monday morning.
The title of the suit is The New Har.
lem Irrigation company and others,
vs.. the Fort Belknap Canal Irriga.
ton company and others. 1t 10 brougt
at the instance Of the federal reclama.
ton officials, to ecure a judicial de.
termination of the right of each claim.
ant to the water Of Milk river aud
Its tributaries, it being necessary to
establish the legal status of each ap.
proprietor before the government in.
creases the natural how of Milk river
by diverting the water of ST.. Mary's
lake into that stream.
The defend ants 10 the suit number
about two hundred persons who have
recorded water rights on Milk river
and its tributaries, the latter being
designated as the West Fork of Milk
river, the North Fork of Milk river,
and Parallel aud Savoy creek. The
plaintiffs ask for judgment to this eff
feet:
First. That each and all said de-.
PENDANTS and all persons who have
diverted water from Milk river or
from any Of either of its said branches
or tributaries, or who have or claim
to have any right to the use of such
waters, or any part thereof, be re.
quired to answer this complaint aud
to set forth specifically and in detail
the nature, dates and amounts of their
respective claims or titles in and to
the waters of Milk river and its said
tributaries, for the purpose and to
the end that the relative priorities aud
rights Of all parties to this action may
be adjudicated and finally determined
by one judgment or decree of this
court, in accordance with the provi.
sions of section 1891 of the Civil code
of the state of Montana.
Second. That the plaintiffs, and
each of them, respectively, be quieted
In their titles to the said waters and
the use thereof as 10 the dates and to
the extent and amounts aud for the
uses and purposes allowed.
Third. That upon determination of
the relative priorities and rights of
each and all parties to this suit, if
deemed by the court most feasible and
equitable in the premises, the amount
Of water may be awarded and decreed
to each of the parties to this action be
fixed and decreed in acre feet, and If
the conditions appear to warrant it,,
that the court appoint one or more
commissioners to carry out the provis.
ions of such decree.
Fourth. That upon rendition of the
final decree of this court, the defend.
ants, aud each of them, and all per.
sons acting by, through or under
them, or either OF them, be perpetually
enjoined and restrained from in any
manner interfering with the respective
rights Of the plaintiffs, and each of
them, in and Il the said waters and
use thereof, as found and determined
by such decree of court.
Fifth. That it be adjudged and de.
creed that the plaintiff, the New Har-
lem Irrigation Co., is a trutsee aud
holds In trust, for the use and benefit
OF ''the stockholders" the legal title
to the waters azores aid SO by them and
the plaintiff, E. Mead Kennedy, ap.
propri ated, acquired and owned.
Sixth. The plaintiffs pray for such
other and further relief as to equity
may appear just and proper in the
premises.