The Wichita daily eagle., 1897-11-25
TEST OF RIGHTS
TO BRING SUIT AGAINST A COLO
RADO IRRIGATION COMPANY

An Organization of Arkansas Valley Farm
ers VIII Ask the United States Circuit
Court OF Colorado For an Order Re-
Company From Taking All the Water
From the Bed of the Arkansas River
Three Wichita Attorneys, Assisted by
Denver Lawyers. will Prepare Papers
Suit is 10 be brought against the Rocky
Ford Irrigation company of Rocky Ford.
Colorado. as test to see whether the
farmers along the Arkansas river IN
Kansas have any rights that Colorado IL
rigation companies must respect. Wleh-
tia is 10 take the initial STEP A number
Of farmers along the river from here to
Hutchinson have formed an organiza-
ton to push the matter to final test in
the United States supreme court. Three
Wichita lawyers have been engaged TO
prepare the papers, and they will be as
sisted by two Denver attorneys, one OF
whom is an ex-cOngressman. The suit
VIII be in the nature Of a petition for an
injunction. The motion will be filed
asking for temporary restraining order
preventing the irrigation companies at
Rocky Ford from taking the water from
the Arkansas river at that point Cor irri-
CATION purposes, or to pay damages 10
the farmers below in Kansas. A special
act of congress in 1866 gave the people of
Colorado the right TO take this water,
but that act also required that they
should pay any damages that might oc-
cur from ditching the water out OF the
channel. The case will be brought in the
United States circuit court Of Colorado
and be carried to the United States su-
preme court if necessary. There mas
been talk of such action for number OF
years, but parties looking the matter up
have come across the special act OF con-
gress and dropped the matter, thinking,
of course, that there was no way Of get
ting around the act of congress.
It is probable that a number of mort
gage companies that have land along the
river will assist in a financial way to
prosecute the suit, as we'll as the farmers
in Kansas clear to the Colorado line who
farm their own farms. If temporary
restraining order is secured then an at
tempt will be made TO have the lnjunc-
ton become permanent. One Of the at
torneys in Wichita who is interested in
the matter said yesterday that the ques-
ton at issue would be TO prove contin-
uous damage, which proposition would
get around the special act Of 1866. II
irriO
company must pay it or refrain from
taking the water from the river channel.
1t is probable that there will be thou
sand men who can testify intelligently
and with scientific accuracy to the state
ment that the taking Of water from the
river bed is a source of the severest dam
age to all the farm lands along the river.
The crops are not so good as formerly,
and in many places wells have to be put
down to a greater depth.
1t is authoritatively stated by Sedg-
wick county farmers along the Arkansas
river that the bed of the stream in late
years is often dry on account of the wa
ter taken out by the irrigation bitches,
and that it Is ruinous to the crops as well
as very inconvenient in other ways.
Capital enough to carry the case to the
supreme court has already been suoscrfo-
ed and the papers are being prepared.
The Rocky Ford ditch, the big ditch
against the owners of which the suit is
to be brought, is about 80 feet in width
and of depth and construction suH-
cient Of itself to take the water out Of
large river. 1t robs the Arkansas and
makes it's owners rich. This ditch is one
OF the most important Of the system OF
irrigation enterprises in Colorado. 1t
covers large acreage territory, forming
the water supply in countless ranches,
alfalfa farms and gardens of Colorado 10
the exclusion of Kansas. AT each farm
is series of flood gates readily and easi-
ly manipulated. When the crops need
moisture the gates are lowered. thus
overfiowing the contiguous land till a
sufficient amount Of water has been pre-
cipitated. when the gates are raised.
Laterals are provided tapping the main
ditch and running far into the adjacent
property. The water rights are leased
for a given term Of years 10 adjoining
land owners and in a time Of scarcity
the water Is pro-rated to the subscribers,
each being allowed a given quantity un-
til the source of supply is again made
abundant. The ditch is about 80 feet
wide and the current is very rapid be-
tween the gates.
Mrs. John Belford and her daughter
left over the Frisco yesterday morning
for Severy, Kan, where they will spend
IN auksoiviug with relatives and friends