Whitcomb v. HELENA WATER WORKS COMPANY

This is an appeal from a judgment of the district court of Lewis and Clark County, the Honorable W. W. Lessley presiding.

This case bears the title of the original parties at the time of the adjudication made of Ten Mile Creek in the year 1903. The actual plaintiffs and respondents are W. J. Harrer & Sons, Inc., and Frank J. and Edna R. Schatz. The actual defendant and appellant is the City of Helena.

The proceeding involves the waters of Ten Mile Creek and its tributaries, and the decree adjudicating the waters therein made in 1903.

The water rights of the parties are as follows:

Appellant and…