44 



water clainied or tlie diitos of first use as submitted l)v the defendants 

 in their respective answei's. By stipulation and aureenient the (U'fend- 

 ants consented to the decree which naN c to eacii party to the action, 

 plaiiititi' and defendants alike, tiie amount of water chiimed. 



Owinj;", however, to tlie motives which ])i"oni))t('d tliose interested in 

 bringing suit and to the k)ose way in whicii the I'ights of the various 

 parties to the action wei'e determined, the decree fell into disrepute, 

 and so far as the West (Jallatin irri<;ators at the present time are con- 

 cerned the action mig'ht as well have not l)een instituted. A hiAV passed 

 in li>05, makino- decrees "'based upon evidence introduced and not upon 

 stipulations or admissions of the parties" prima facie evidence of the 

 facts therein contained, implies that the decree is equally valueless as 

 a record to be used in defining rights in the future. 



Up to within the last three or four years the ri\er's supply has been 

 adequate; but owing to an increased use of water and to one or two 

 3'ears of short water supply since, such as those of 19(i(> and 1{M)1, the 

 question of water rights has become a live issue and one which is caus- 

 ing a good deal of discussion among all appropriators, regardless of the 

 size of their holdings. 



During the season of 1JH»U the water supply was considerably less 

 than in former years, and toward the lower end of the river the short- 

 age was keenh^ felt. This shortage at the lower end was not due 

 entirel}^ to the decreased flow of the river, but w^as due to the lack of 

 stream control, for had its flow been equitably distributed every one 

 would have had sufticient for his needs. The ditches and canals higher 

 up on the river di\erted their usual amounts of water Avith the result 

 that those on the lower reaches were forced to do with a short supply. 

 This condition led to the organization of the Farmers' Defense Asso- 

 ciation b\' the appropriators on the lower reaches of the river. 



This organization, as at first outlined, was to include only those 

 whose rights dated prior to that of the West Gallatin Irrigation Com- 

 pany. Its object was to institute civil action against this compan3'and 

 all those holding subsequent rights and thus bring about a court adju- 

 dication of the various interests. The movement, however, was not 

 generally popular and for the first year failed of its object. The fol- 

 lowing 3"ear, 1001, the water supply was still shorter than that of the 

 previous year and early in the spring the organization was revived. 

 It soon became apparent that unless the shortage was relieved b\' some 

 means serious results would follow. During July the association sent 

 a committee to interview the larger canal interests with a view to 

 inducing them to decrease the amount of water the}' were diverting, so 

 that the supply in the lower section of the river might be somewhat 

 increased. The elfoi'ts of the committee met with success, and with 

 this assistance the lower irrigators were enabled to get through the 

 season. The generous action of the large companies had the effect of 



