The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-29
Protection OF.
Arkansas Valley
Is Asked

| The state of Kansas acquired the title
TO said reformatory lands from divers
persons and individuals wl9 had pre-
viously owned and occupied them, and the
title to all that portion of said lands ST
uate in section 70 passed from the nil 5
States to the state Of Kansas unlar and
| in pursuance of the act of congress sp-
proved March 3, 1853, granting certain
lands TO the state of Kansas TO aid n the
construction of certain railroads. and said
| lands were located and were certified 10
| the state of Kansas April 8, 1873: and On
the 18th day of May, 1878, the sasa sec
| ton of land, with other lands. were rat
ented by the state of Kansas to the Asch-
ison, Topeka and Santa Fe railroad com
pany. In and by said act of congress
and the certifcation and Iocat on T said
lands Hereunder and the patent a1cre-
said, the full fee simple title to said lands
and all rights appertaining thereto were
| transferred from the United States OF
America to said railroad company, and
said title aud rights have passed by sue
cessive conveyances through various par
ties to the state OF Kansas. and were
acquired by it on August Il, 1855, as afore-
said, and have been ever since held by
it The title to that portion OF said re-
formatory lands, situate in section IS
passed from the United States to one
George S. Laverty, by patent dated Sep
TENDER %, 1873. at which time said Law
erty acquired the fee simple title 70 said
premises and all rights appertaining
thereto. al of which relate back to and
date from the time of his entry upon said
lands, more than five years prior thereto
Said title and rights in and TO said lands
have passed by successive conyeYances
until they are now vested in the state of
Kansas, as aforesaid and the SKATE is
now and has been since August ID 1855,
the owner in fee simple of said lract of
land and all rights thereunto aupartain-
ing. BY reason of the foregoing the state
Of Kansas is entitled to the full natural
flow Of the water of the Arkansas river
in its accustomed place and at it's normal
height and in its natural volume under
meath all of the said reformatory larGs.
The rights of the state thereto relate
back to May 10, 1873, and are prior and
superior to any right or claim II the
state of Colorado. accruing, acquired or
established subsequent to said date
T. Your orator further says: BY the
constitution of the state of Colorado
adopted at or about the time of the ad-
mission of said state into the union and
not since abrogated by the people of said
state. it is provided in article Is thereof
as follows: g
Sec. 8. The water of every natural
stream not heretofore appropriated with
the state of Colorado is hereby declared
to be the property of he public, and the
same is dedicated TO the uses Of the 9eo
pie of the subject to appropriation as here
matter provided.
Sec. 6. The right to divert unappropri-
ated waters of any natural stream fer
beneficial uses shall never be denied. Iii
GRITTY of appropriation shan give the bet
ter right as between those using the water
for the same purposes; bat when the W.
tiers of any natural stream are E3t suf-
hcient fer the service of all. those using.
have the preference over, those .;,airuing
for any other purpose, ana hose usi,s
the water for agriculturahpurposes shall
have the preference over those using the
same for manufacturing purposes"
The legislature of the state of Colorado
has from time to time passed divers and
numerous laws purporting and pretending
to authorize the diversion of watir from
said Arkansas river and its tributaries,
in said state for uses and purposes other
than domestic: more particularly for the
purpose of irrigating arid and waste lands
for agricultural purposes in said state.
In and by its said laws and through its
officers and courts the said state has pre-
tended to grant TO divers persons, firms
and corporations the right and authority
To divert the waters of the Arkansas river
and its tributaries in Colorado from their
natural channels. and to cause said waters
to flow into and through canals and
bitches constructed for the purpose. ex-
tending great distances away from the
natural channels of said streams, and to
store said waters and to empty the same
upon high arid lands not riparian to said
streams, where large portions of waters
are lost from evaporation and the re-
mainder sinks into the earth, as a result
Of which all OF said waters are forever
lost to such streams and are thus and
thereby prevented from flowing into or
through the state of Kansas
Under and in pursuance Of said consti- |
tutionai provisions and the statutes Of the !
state OF Colorado upwards Of $50 persons. !
firms and corporations claim to have ac- /
quired the rights TO divert water from |
said river and its tributaries. In the state /
OF Colorado, for the purpose Of irrigating !
such arid non-rl1arian lands in said state: /
and each Of said persons. firms OF cor |
porations owns one or more bitches or /
canals to carry said waters from the nat /
ural courses OF said streams Many of /
said canals and bitches are many miles /
in length. Many Of said persons. firms !
and corporations have constructed great I
within which 10 store and in /
Of the water Of said streams before us
ing for the purpose Of irrigation. as here
IN set forth
Said ditch owners. together with The /
state OF Colorado, as hereafter set forth, +
are now diverting and AZ ali times con
.inue 70 divert from their natural courses 1
the waters flowing IN the bed q the Ar 1
kansas river and its trfbutaries r. said 4
state, and ars now carrying. said waters
10 great distances from Their natural /
courses and dischargias them for agr!cuI- /
-uEal purposes upon arid ana non-rtpariau
ands. where such waters are wholly lost
70 such streams and 70 The state Of Kan
s2s and its Inhabitants. That suca d
version l. carried 20 such an extent TIA
40 water flows IN the bed % said riser
from the state OF Colorado fEts TIE state
u Kansas during IN. annual cr-r.,s.Fras. 49,