41 



to water. The lono--oontinued contest had converted former friends 

 into enemies, the uncertainty in regard to the use of water had dimin- 

 i.shed tlie products of their fields, and tiie unusuall}' heavy cash 

 assessments that were levied annually to maintain their actions in 

 court had deprived them of needed comforts at home. The demand 

 for peace tinally prevailed and a compromise was eti'ected. 



On Auo-ust 1.5, ISOO, an ag-reement was entered into regarding- the 

 dates of appropriation and the corresponding quantities of water 

 which should he allotted to each legal claimant. This agreement, 

 with the consent of all parties interested, was afterwards embodied 

 in a decree rendered by Judge Henry, of the ninth judicial district, 

 on Marcli 11. 181>7. The following is a sunnnary of Judge Henry's 

 decision : 



It is ordered that the plaiiitiif, the Middle Creek Ditch Company, is entitled to 

 use and to the use, control, disposal, benefit, distribution, and enjoyment of 2,900 

 inches, statutory measurement (72.5 second-feet), of the waters of Middle Creek, 

 according to the respective dates of appropriation thereof, and in the quantities of 

 the said appropriations as follows: 



Date of 

 appro- 

 priation. 



Naiiie of approi>riiitor. 



1864. 

 11S64. 

 1S65. 

 18C5. 

 186.5. 

 1865. 

 1866. 

 1866. 

 1866. 

 1866. 

 1867. 

 1S67. 

 1869. 



1866. 

 1870. 

 1871. 

 1871. 

 1872. 

 1872. 

 1873. 

 1873. 

 1875. 

 1877. 

 1.S79. 

 1880. 

 1881 . 



Robert Gillespie 



John J. Chambers . . 

 Chris. 'M. Waterman 



Horace Salter 



Calvin .U^wett 



Jolin .McConuick... 

 Elbert H. Kohinson . 

 John M. Robinson.. 



Eliza B. Sanford 



George .\ustin 



Aaron T. Ford 



James MeCormick. . 

 Moses W. Goodall . . 



Henry Monforten 

 John Kittle 



Statutory 

 inches." 



100 



100 

 100 



100 



100 

 100 

 100 

 100 

 100 

 100 

 100 

 100 

 100 



Reinaik; 



1,300 



100 

 100 

 100 

 100 

 125 

 200 

 150 

 100 

 175 

 100 

 75 

 100 

 175 



The first 13 appropriators herein given were 

 known as the "Lower Middle Creek appro- 

 priators.'-' 



Through Ray and Eckley ditch. 



Cline, Ferguson, and Ba.xter ditch. 



Mitchell, Cleveland, and Baxter ditch. 



Ray and Eckley ditch. 



Through Main canal. 



Cline, Fergason, and Ba.xter ditch. 



Main canal. 



Do. 

 Rav and Ecklev ditch. 

 Mitchell, Cleveland, and Baxter ditch. 

 Cleveland, Ferguson, and Baxter ditch. 



1,600 



nlOO Montana statutory inches are equivalent to 2.5 second-feet. 



The later appropriations, known as the Upper Middle Creek appro- 

 priations, amounting to 1,600 statutory inches (40 cubic feet per second), 

 together with the former 1,300 statutory inches (32.5 cubic feet per 

 second), make up the 2,900 inches, or 72.5 cubic feet per second, 

 decreed to the plaintiffs. 



