OCR Text |
Show - 0 - 0 of tho State of Montana, in like manner as water on othor portions of the publio domain, enterod upon tho public lands in the vicinity of tho rivor, mado entry thoroof at the United States land office, and thereafter settled upon, improved, reclaimed and cultivated tho same and performed all things required to acquire a titlo under the homestead and desert land laws, mado duo proof thoroof, and received patonts convoying to them, respectively, the lands in fee simple. That all of said lands are situated within tho watershed of tho rivor, are riparian upon the river and its tributaries. but are arid and must be irrigatod by artificial means to make them inhabitable and capable of growing crops. That for the purposo of reclaiming the lands, and aot-ing under tho laws of the United States and tho laws of Montana, the defendants, respootively, posted upon tho river and its tributaries, at the points of intended diversion, notices of appropriation, stating the means of diversion and place of uoo, and thereafter filed in tho office of tho clerk and recorder of tho county v.horein the lands were situated a copy of the notices, duly verifiod, and within forty days thereafter commenced tho construction of ditchoc and othor instrumentalities, and completed them with diligence and diverted, appropriated and applied to a bcnoflcial use more than 5,000 miners' inches of tho waters of the river and its tributaries, or 120 cubic feet per second, irrigating their lands and producing hay, grain and othor crops thoroon. Tho defendants and the stockholders of the defendant corporation have expended many thousands of |