OCR Text |
Show this court holds that there was an implied rosorvation in the agreement of May 1, 1880, 25 Stat. 124, with tho Cros Vcntros and other Indians establishing the Fort Belknap reservation, of a sufficient amount of water from the Milk River for irrigation purposes, whioh was not affected by tho subsequent aot of February 2:.:, 1309, 25 Stat. 67G, admitting Montana to the Union, and that the -ater of that river cannot bo diverted, so as to prejudice this right of tho Indians, by settlers on the publio lands or thor.o claiming riparian rights on that river. The Government of tho United States has tho power to reserve waters of a river flowing through a Territory and exempt them from appropriation under the laws of the State which that Territory afterwards becomes. 148 If'ijd. nep. G84, affirmod. .statement of the Case. This suit was brought by tho United States to restrain appolants and others from constructing or maintaining dams or reservoirs on the Milk River in the Etato of Montana, or in any manner preventing the water of tho river or its tributaries from flowing to the i-ort uelknap Indian Reservation. An interlocutory order was granted , enjoining tho defendants in tho suit from into-fcring in any manner with tho uso by tho reservation of 5,000 inches of tho water of the river. The order was affirmed by tho Circuit Court of Appoals. 145 j-'od. Kep. 740. upon tho return of the case to tho uircuit Court, an |