| OCR Text |
Show o o - 1 2 - upon and oottlomont of tho publio lands of tho United States, and the appropriation of tho wators flowing in tho streams upon or adjacent thoroto pursuant to tho lawo, dooisiono of tho courts, rules and customs of the country, is property of vhich they oannot bo deprived without duo procoss of law, and without Just compensation. There is nothing before the court for construction or interpretation, but the plain, unambiguous language of tho agreement, and that is so clear that it does not require any construction or interpretation. The appellants made valid appropriations of the water of Milk River and its tributaries under the laws, customs and decisions of Montana, and tho laws of Congress , and their rights as grantees of the Government arc superior to any rights which the Indians may have by reason of the agreement entered into between them end the Government. The doctrine of riparian rights ic not recognized, doos not provail and novor was in forco in Montana, and tho rights of tho partios to tho uso of the waters of Milk Rivor and its tributaries must bo construed according to the laws of this State* Even if tho doctrino of riparian rights did provail, tho appellants would be entitled to a reasonable use of tho water for the purpose of irrigating their lands, having in view tho oquitable rights of others. |
