45 



bring'inii- :ill ihc irrij^ators on the river into a closer understanding, 

 with the result that the oriijfinal {)uri)o.se of the association was aban- 

 doned and a reoi^ianization atiected. The association as reorganized 

 was made to inchid(> all those who wished an amicable settlement of 

 wat(M- rights. The idt^a, howev(>r, of resorting to the courts was still 

 retained aiid although the membership of the association comprised 

 onlv a small proportion of the West Oailatin irrigators, it nevertheless 

 intended, if possit)le. to bring the ipiestion to an issue. Several law 

 firms wen' interviewed by connnittees for the purjjose of ascertaining 

 the probable cost of the intended litigation. The terms of one firm 

 were uni<(ue and picsent something new in the line of water-right 

 protection; they otlered to take the case for $40 per 1(»0 inches of 

 water obtained for each defendant. Nothing resulted, however, from 

 the actions of the association, for as the season was drawing to a close 

 and the farmers began to hope for a better supply the coming' season, 

 their desii-e to carry the (piestion into the courts was lost sight of. 



With the opening of the season of 1902 an attempt was made to again 

 revive the organization, but thei-e was prospect of a good water supply, 

 and the whole matter of bringing about any concerted action was 

 given up. 



The association was instrumental in l)ringing relief to the lower 

 irrigators in 1900 and 1901, and their etiorts along this line were well 

 timed and in the right direction, but it can not be admitted that their 

 desire to precipitate a lawsuit over water rights was well advised. The 

 entire absence of any reliable and trustworthy data or records regard- 

 ing the various rights either as to the amount used or as to the date of 

 appropriation would make hasty litigation just at the present time 

 most disastrous. 



What the irrigators of this section do not now possess and what is 

 absolutely essential to an equitable and tinal adjudication of the stream 

 may be enumerated under the following heads: 



(1) Reliable data relative to the early use of water from each ditch 

 and the subsequent enlargement and extension of the same. 



(2) Trustworthy measurements of the tiow of the West Gallatin 

 River at various points along its course. 



(3) An accurate determination of the capacities of all ditches and 

 canals on the river. 



(4) Accurate and simple means of measuring the How in each ditch 

 and canal, preferably a good rating Hume or weir. 



(5) Data as to the amount of water from each ditch and canal which 

 is put to a beneficial use during an average season. 



(6) An accurate survey and description of all lands which have been 

 irrigated from each ditch. 



It was with a view to getting such data that the special investigation 

 of water rights and their relation to the use of water from the West 



