Donich v. Johnson

Race Track Creek, a tributary of the Deer Lodge River, has its source in the mountains on the west side of the Deer Lodge Valley in the counties of Powell, Granite and Deer Lodge.

In these mountains at an elevation of about 7,500 feet lie a number of lakes which discharge their waters directly, or eventually, into Eace Track Creek, conceded to be an adjudicated stream in virtue of a decree entered in 1890, which determined that the parties to the suit severally were entitled to quantities of water aggregating not quite 6,300 inches.

The plaintiffs are the owners of lands requiring irrigation,…