Montana labor news., 1938-03-24
GaIIatin Farmers Saw
Power Co. Stole Wafer
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was taken from the Madison River
in most of these cases and similar
rights were taken out by ranchers
adjacent to the Jefferson, Gallatin
Missouri and other rivers.
Most of those in this controversy
obtained these water rights in the
years from 1884 to 1904.
The development of the Hebgen
dam in the Madison river started in
September, 1907, and was completed
some eight Or nine years later. This
included the storage of water so it
might be available during times of
low water for power development
purposes.
In the action brought in the courts
by the &c farmers listed they asked
that the Power Company be re-
strained from taking the water they
claim they r entitled to during the
irrigation season. They do not OBJ
ject to the Power Company storing
the water in the winter and fall
months, but they do not want it to
interfere with the natural flow of
the streams during the irrigating
season and thereby deprive them of
the water which they claim right
fully belongs to them for irrigating
their land and producing their crops
so that they will not be burned up
in the dry weather.
In their arguments they declare
that water is the life blood" of the
farmers; that without it, they are
without crops and that their rights
date back 20 years before the Power
Company came into existence.
The farmers brought suit before
the Montana Public Service Com
mission to stop what they charge is
an illegal practice.
Attorney Rankin for the farmers
asked the court for an order that
the Power Company bring into court
the records to show how much
water was stored during the irri-
eating season. The attorneys for the
company declined to produce those
records on the ground that it was
no business of the farmers. Judge
Horsky held the farmers attorney
could inspect the records.
Attorney Rankin claimed that as
high as six-sevenths of the natura.
flow of the water had been stored
by the company at the time the
farmers needed it most and that a,
a result much of their crops was
completely burned up for lack Of
water that they would have had il
the natural flow of the water hac
not been interfered with by the
company.
Farmer organizations over the
state are taking a great interest If
these cases because of the principle
involved and it is even attracting
attention from the farm organiza-
tons in other states where the
storing of water for power purposes
may, especially in times of drouth
result in ruin to farmers on irri-
gated ranches.
The situation was referred to by
President Frank Kerr of the Mon.
tana Power Company in his very
frank discussion at the State Press
convention at Glacier Park las
September. At that time he stated
that unusual drouth conditions were
responsible for the inability of the
Power Company to furnish power
needed to operate some of the mine;
at Butte. He stated at that time
that when the Poison dam was ready
to operate, which he said would be
in July of this year, the Power Com
pany would be able to Obtain
through the natural reservoir o.
Flathead Lake, a constant flow that
would prevent such emergencies ii
the future.
He said at that time that the use
by farmers of the water for irri.
eating was one reason the company
was short of power during the ex.
IRENE drouth.
Reprinted from Mont. State News