Rocky Ford enterprise., 1898-11-03
FARMING MATTERS.
INTERSTATE RIGHTS.
Committee of Kansas Farmers Think Cole
RADIO Uses Too Much Water.

Committee of Kansas Farmers Think Colo.
RADIO Uses Too Much Water.
II the efforts of a number of Kansas
farmers to have upheld United
States Supreme Court decision on
water rights, delivered in 1874, are
| successful, the ruling will result In
the whole Arkansas valley Of Colorado
being devastated, says the Denver
Post. But there Ii no chance that the
Kansans will have their point sustain
ed, SO the settlers In the valley need
not lose any sleep over the matter.
That Is what Deputy Attorney Gen
eral Thorn said In discussing the case
recently.
1t seems that committee of farmers
from around Wichita visited Colorado
last February to ascertain by what
right such large amount of water
was taken from the Arkansas In this
state, much to their loss and incOnven-
ience, and that the committee has Just
made its report to the governor.
The report quotes the old decision Of
Justice Field upholding riparian rights,
which the Kansans say entities them
to large share of the waters of the
Arkansas. The farmers appear to
think that successful action can be
taken against the ditch owners In Colo
RADIO, but hardly any of them are will
Ing to bear any OF the necessary ex-
pense Of instituting suit, SO the pros
poets are that the scheme will be
abandoned.
ut doesn't make any difference
whether they abandon II or not" said
Mr.. Thorn this morning. "It would be
useless for them to push suit to get
control Of the waters Of the Arkansas
This Supreme Court decision that they
refer to does not apply to arid regions.
1t applies in Kansas where the old
riparian rights laws and decisions are
In force, but not In this state.
Every once In "A while these Kansas
lawyers get 1t into their heads that RI
pnrian right laws are applicable here
as they are mt home. hut they invariab-
ly get turned down In the upper
courts. The conditions and circum-
stances here are such that 1t became
necessary long ago to abrogate the
application Of riparian rights. The ir-
rigation laws of Colorado, Utah, Wy
oming. New Mexico. Idaho and Mon
tana. making the prior appropriation
of the water OF streams the funda-
mental rule In all cases. have been
recognized and upheld by the state. the
federal and the Supreme court OF the
United States. People In the Arkansas
they will ever he prevented from tax.
Ing all the water they want out OF the
stream. II the contention OF the Kan.
sns people were sustained II would
mean ruination for the Arkansas val.
ley In Colorado. It would he better for
two or three barren counties in Kansas
to remain without water than to de-
stroy the usefulness OF this valley
here"
A dispatch from Wichita on the
same subject says: The farmers ap-
pear to think that successful action
can be taken against the ditch owners.
but hardly any OF them are willing to
benr any Of the necessary expense Of
institu;ing the first steps toward the
prosecution of the case. The coming
election may have some small
bearing upon whether anything furth.
or will he undertaken. The matter may
be dropped and II may be prosecuted.
Just Mt this time. however. It looks as
though no further action would be
taken,