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


me extension of branches and Iaterals to
those canals and bitches now built are
contemplated and ineended by the people
of thestate of Colorado: as is also the
obtaining of additional privileges not
heretofore granted for the diversion of
water from said river and its tributaries
and the irrigation of lands not now irri-
gated. The extension of said irrigation
system in the drainage area of the Ar
kansas valley, in the state of Colorado.
Is being continuously carried on; and I'M
less restrained therefrom the state of
Colorado will grant additional rights or
pretended rights for the construction of
other canals and bitches sufficient to H.
vert all the water in the river. so that
none will flow into the state of Kansas
The state of Colorado has. since the
year 1850, at and near the CITY of Canon
Saty. IN said state. constructed a great
Sahai Tor the purpose Of diverting water
~ the Arkansas river from its channel
AT said point and using the water for irri-
eduon purposes upon arid non-riparian
lands so that the water will not return
TO or again flow in said river: which said
canal is now owned controlled and man
state authorizes, directs and permits its
agents and employees so to divert from
~a'o river into said canal water to the
amount of 756 2S-l00 cubic feet per second.
thereby greatly diminishing the flow of
water in the river. which said amount is
approximately the natural flow of said
river at the place Of said diversion. The
INVERSION Of said water from said river
through said canal is continued during the
entire season within which annual crons
are grown and matured in the state of
Kansas and throughout the entire season
IN winch the water is needed in the state
u Kansas; and said water so diverted
ana taken is sold by the state of Colo
raoo TO persons owning lands in the vi
tiiity OF said canal and the water is used
oy such owners for irrigating such arid
non-riparian lands. The waters 50 di
verted from said river by the state of
Colorado would otherwise flow into the
state Of Kansas and through said valley
and be vastly beneficial.
The state of Colorado intende and &c
threatening to build and will bui.d or
caused to be built unless restrained there
from, other canals similar in design, with
the purpose and intention of forever d.
veTting other large quantities of water
from said river and irrigating other arid
noaa-riparian lands, and the legislature of
the state OF Colorado has authorized the
copstruction Of other such canals. along
thf river in said state The said canal
eopstructed by the state of Colorado is
NOT yet completed, and only a portion of
me arid non-riparian lands subject to ir-
1isation therefrom, as IT is now construct
"a, Is receiving water from said canal.
The state Of Colorado intends to, and will.
Iuniess restrained by this court, extend
said canal and build branches and lat
trals thereto, and will use water diverted
irem said river to irrigate arid n1n-ri-
parian lands not now or ever previously
Irrigated 49, =
The said state Of Colorado has, by and
through legislation, made large appTopria-
tons of money for the CONSTRUCTION and
erection of reservoirs within its territory
for the storage of water from streams
tributary to the Arkansas yiver in said
state, and has provided boards of control
to have charge of the construction, main
fenaace and operation of such reservoirs,
ana has provided that the waters so
-tored IN reservoirs may be sold and dis
posed of forhthe purpose of being used
in the irrigation of lands which are arid
and non-rioarian to the streams from
which such waters are taken. And your
orator further states, upon information
snd belief, that the said state of Colo
Eado has since the year 1891 erected and
constructed and is now using not less
than four of such reservoirs-one in each
of the counties of Custer, Ell Paso Chat
fee and Las Animas-each of which res
eryoir takes, stores and holds vast guam
titles of water which would otherwise flow
into the state of Kansas; and, by reason
of the use of said waters as aforesaid,
no portion thereof is permitted to return
70 its natural channel or flow in SAID
ri~er
The said state Of Colorado is now pre-
pairing TO construct. and, unless re-
strained therefrom, will construct, within
Its territory and near the said river and
its tributaries and at various points along
the valley thereof vast reservoirs within
which to further store and hold the natu-
raj and the food waters of said stream:
and it is the intention and expectation OF
said state SO to st-re and Withhold and
divert from the channel of said river all
OF the water thereof And your orator
states, upon information and belief thar
surveys for such reserve lis have been
made and plans and specifications are be-
ing prepared for the construction OF such
reserv oirs, and the state is preparing 10
enter upon the construction thereof II
said reservoirs are so constructed by the
state Of Colorado vast and enormous
quantities of water which would other
wise flow in the river into the state of
Kansas will be taken and held and viii
be sold and used for the irrigation of arid
and non-r paran 'ands not now irrigated.
and Will be forever lost TO said river and
the state of Kansas. Such an event viii
cause great distress in the state Of kan
sas In said valley and will cause a vast
and ruinous decline in agricultural and
great diminuti5n IN the wealth and Leye-
nues CT the state of Kansas and a gr.a at
dimfnutian in its population and prosper
ity. And your orator believes. and so
charges the fats TO be. that il Is the in
tention Of the state of Colorado TO divert
absolutely all II the water that does. can
or might flow down the Arkansas river
into the state Of Kansas. 50 that al Of
the water shan be used in tho state Of
Colorado and none whatever, either above
or below the surface, that may by any
possibility be ud tied. shall cross the line
TITO the state OF Kansas. all 10 the great
proht and advantage Of the state OF Colo
rado. ana to the great damage and in
jury OF The STATE of Kansas.
When the territory OF Kansas was or
sanised. in lhe year 1851. IL extended
from its present eastern boundary 10 the
summit u To Rockv mountains. and an