80 



this law a number of commissioners have been appointed, but more 

 than half of the counties report that no commissioners have been 

 appointed. An effort was made to secure reports of commissioners to 

 ascertain the cost of distributino; water, and a few were received. 

 The commissioner for Tcnmile Creek, which supplies the city of Helena 

 and a considerable area of farm land finished his work in 1905, on July 

 26, when the stream became so low that the first right — that of the 

 city of Helena — took all the water. He submitted to the court his 

 report showing the quantities of water received by each of the thirty- 

 two parties having decreed rights, with his bill for $267.85 for services 

 rendered. The largest sum was paid by the city water company, 

 $75.80, while the sum assessed against one party was but 10 cents for 

 the seas(m, a number payifcg less than $1. This is a small stream, and 

 water was unusually low in 1905, but it illustrates the system. 



A commissioner was also appointed for Prickly Pear Creek, in the 

 same county, August 2, 1903, the decree defining the rights to that 

 stream being issued at that time. He is to receive, according to the 

 order of the court, $100 per month. His report was not secured. 



The following table shows the total volume of water distributed by 

 seven other commissioners and the cost of their services per twenty- 

 four hour inch. The commissioners kept no records of the acreages 

 served, and the cost per acre can not be given: 



Cofit of distributing water in Montana. 



Any intetested party dissatisfied with the action of a water commis- 

 sioner may file a complaint with the court and have a hearing. No 

 records of such complaints were found. 



The provisions of this law have been extended to the distribution of 

 water under ditches. On ap])lication by owners of 51 per cent of 

 rights the court is to appoint a commissioner for a ditch. No records 

 of such appointments were found. 



NORTH DAKOTA. 



In 1905 North Dakota adopted a code of water laws providing for 

 the adjudication of existing rights and the complete public control of 

 the water supply in the future. The office of State engineer is created, 



