Red Lodge daily news combined with Carbon County news., 1934-02-14
WATER USERS GET
COURT ORDERS TO
BUILD HEADACHES
Measuring Devices Must be
Installed Also on
bitches

All Rock creek water users
must srepair or build substantial
headgates' at the point where
their bitches tap the stream from
which they derive their water, on
or before April 10, it is set forth
in a court order issued by Judge
Robert c. Stong in the district
court session here Tuesday.
The court further orders that
each water user shall, on or be-
fore April Is, place in the ditch
tapping the stream, at a point be-
low his headgate, a proper meas
uring box or weir for the measure
ment of the water flowing in the
ditch. The box or weir must be
installed so as to accurately
measure the water flowing
through the ditch, and under the
method as set forth in a circular
issued by the Montana Agricul-
tural Experiment station, the or
der states.
The court order Tuesday fol-
lowed statements made to the
court by some of the water users
whose rights are affected by the
decree issued in the case of the
Granite Ditch company against
William Anderson, ct. al. The wa
ter users told the court that it is
apparent that there may be a
shortage of water in Rock creek
during the coming irrigation sea-
son, and that it will be impossible
to measure the waters under the
decree unless headgates are built
or repaired, and weirs or other
measuring devices are installed.
1t was also pointed out in the
court order that if the federal
government should erect any i'm
provements that would augment
the supply of water in this stream,
that the government will insist
that adequate measuring devices
be installed, and that headgates
be repaired.
The decree issued in the above
mentioned case, and section 7151
of the Revised Codes of Montana,
as amended, provide "that any
person using water under a de-
cree from any stream, shall build
a suitable headgate at the point
where his ditch taps the stream,
and shall also at some suitable
place on the ditch, and as near the
head thereof as practicable, place
and maintain a proper measuring
box or weir for the measurement
of the waters flowing in such
ditch" The statute further pro-
vides that in the event any person
shall fail to maintain a proper
measuring appliance, no water
shall be apportioned or distributed
through said ditch.
In his order, Judge Stong points
out that circular 1876, Measure
ment of Irrigation Water" is
sued by the Montana Agricultural
Experiment station at Bozeman,
describes and explains the differ
ent measuring devices that r
suitable to Montana conditions.
The circular, which describes four
different measuring devices, may
be had by writing to the expert
ment station at Bozeman, or a
copy of it may be seen at the
office of the clerk of the district
court in Red Lodge.
Of the four types of measuring
devices, it was the sen of
opinion of all water users with
whom Judge Stong talked that the
rectangular or square weir is the
one that should be used. The x
pertinent station circular explains
how this weir should be installed
and also gives its dimensions. The
measuring boxes may be made of
either concrete, metal or wood,
and they must be installed as near
the headgate as practicable, and
so placed as to accurately meas
ure the water flowing in the ditch,
the court order states.
Upon each measuring box and
headgate, each water user is re-
quired to paint his name in read
able letters, or he may paint his
name on a board and attach it to
such headgate and weir.
1t is the purpose of the court
that when a water commissioner
is appointed, that he check all of
these measuring boxes and head
gates to e that they are proper
" installed, and that they ac-
curately asu the water, and
if they are faulty such water user
will be deprived of the use of any
water until such appliances are
properly installed. By "a substan-
A.-r 1nol~o4oU sr ~.nar+ avn that