The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-29

OF the pretended rights claimed by the
state of Colorado, or by persons, firms or
corporations now taking water from said
river or its tributaries.
s. Your orator further says: The state
of Colorado and the various persons. firms
ana corporations engaged in taking waters
from said river and it's tributaries =
aforesaid, under and in pursuance of au-
thority and license pretended to- be grant
ed therefor by the state of Colorado,
have, by so doing, wrongfully, Illegally
and unlawfully diverted said water from
the accustomed channe! into and across
the state of Kansas, and have greatly
damaged and have irreparably injured the
state of Kansas and the inhabitants
thereof. And by reason of said diversion
of water the fertility Of all of the lands
in said valley, including those upon the
banks Of said river, as well as others
has been greatly diminished During the
spring and early summer, when crops are
growing upon said valley lands in Kan
sas, the diversion of water in Colorado.
as aforesaid, withholds from said Kan
sas valley lands, and particularly the Sc
upon the banks of said river, and those
belonging TO the state of Kansas above
described, the waters TO which said lands
are entitled, with the result that the
crops, trees and vegetation growing there
on languish and decline and in many
places wither and perish; and wells which
should furnish water for domestic use
and animals become dry The said dam
ages are the proximate and necessary re-
suit Of the diversion of said waters as
aforesaid; and the amount of such dam
age Is enormous and beyond computation
and amounts to vast sums annually. and
such damages have increased year by
year for the past ten years substantially
IN proportion as the diversion of said
waters in the state of Colorado has in
creased. II said persons, firms and cor
porations be permitted to increase the
amount Of water which they shall take
from said river and its tributaries in Colo
RADIO, or if other persons, firms or cor
porations be permitted to take additional
water from said river and its tributaries
the damage suffered, as aforesaid. by the
state Of Kansas and the inhabitants of
said valley will continue to increas~.
The property of your orator situated
upon the river near Dodge City. and used
Tor the purpose of a soldiers home as
aforesaid, has been greatly damaged and
specially injured by reason of the divers
Ion from its channel of the water which
would otherwise flow in the said river by
and underneath the sand tract of land
Its fertility has been greatly diminished,
dts water supply lessened, and its salu-
brity and utility impaired, and. unless the
natural oaIa DO.
stored, the value of said property will be
entirely destroyed, and the same will be
rendered unfit for use as a soldiers home,
of for any purpose whatever. And the
same is true OF the property of your
orator situate near the city Of Hutchin-
son, and used for the purpose of a state
industrial reformatory If greater
amounts Of water are to be taken from
said river in the state of Colorado, and
if the water flowing therein shall be re-
tanned and used in said state by the own
ers of canals and bitches or by the state
of Colorado, the value of said land will
he taken away and the utility of said in
stitutiont wholly DESTROYED. 807
9. Your orator, further sayS;S A large
number of the Irrigation canals and
Nll(liGS IlON NLOu5IuliS uSeu DIS alOI
in diverting the waters of the Arkansas
river and its tributaries from their ac-
customed channels in said state of Colo
RADIO are owned nand operated by do
mestic corporations organized for that
purpose under the laws of the state OF
Colorado. with limited peiaods of ex-
istence, If the state of Colorado be not
restrained from so doing, II will, at or
about the termination of the existence of
such corporations, grant unto them new
charters or extensions of the charters
now held: and said state will, unless re
strained by this court, grant other and
new charters to corporation organized for
the purpose, all to the great damage and
irreparable injury of the state of Kan
sas and its Inhabitants.
10 Wherefore, Your orator prays the
aid of this honorable court, and asks that
a decree may be entered prohibiting, en-
joining and restraining the state of Colo
RADIO from granting, issuing, or permitting
to DE granted hereafter, any charter,
license, permit or authority to any person,
firm or corporation for the diversion Of
any of its tributaries from their natural
beds, courses and channels within the
state of Colorado, except for domestic
use; and from granting to any person.
firm or corporation any right to extend
or enlarge any of the canals or bitches
now existing: or to construct and operate
any other canals. bitches, branches, later
ais or reservoirs in addition to those
heretofore constructed and now in use in
said state.
Your orator further prays that the said
state of Colorado may be prohibited, en-
Joined and restrained, as a state, from
itself constructing, owning, or operating.
either directly or indirectly, any canal or
ditch whereby the waters of said river. or
any of its tributaries. shall be diverted
from their natural courses and channels;
and from constructing. owning. operating
or using any reservoir for the storage OF
the waters Of said river. or any OF its
tributaries for purposes OF irrigation.
Your orator further prays that the said
state of Colorado may be prohibited, en-
Joined and restrained from granting to
any person. firm or corporation any ex-
tension OF any charter. license. permit, or
authority OF any kind or nature whatso-
ever. Cor the divertiug Of any Of said
waters from said river or its tributaries
Tor irrigation purposes. OF for the con-
tinuance OF such diversion thereof ats
the charter. license, permit or authority
theretofore granted for that purpose shall
have expired.
Your orator further prays, that it may
have such other and further relief in the
premises as the nature Of the clTcWm-
stances Of this case may require and as
to this honorable court shall seem meet
Forasmuch. therefore, as your orator Is
without remedy in the premises except in
a court of equity. may Il please your hon
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