The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-06
KANSAS NEWS.
Water Now an Issue In the Ar
kansas Valley.
Two States FussingOyer a Sandy
River.
ALL JAYHAWKERS ASK.
MOuntaineers to Dig No More
bitches or Reservoirs.
Colorado Thinks They Are En-
titled to Water in State.

Garden City,June 6.-Before the west
ern states were admitted to the union
irrigation law was practically unknown
and the old riparian common law pre-
vailed in the ownership of water. I'm
der this law, when the land of two
neighbors was separated by a stream,
each owned to the middle of the stream
and so far along it's course as their
lands extended. This law has prevail
ed in some of the western states as re-
Gently as 1895, for it was only a short
time ago that Texas, for instance, rec
ognized the necessity of carrying water
from it's origin long distances to places
where it could be used for agricultural
purposes.
The laws of each irrigation state rec
ognize water as a tangible property; in
some states it belongs to the individual,
in other states, as in Wyoming, it be-
longs to the individual only a he makes
proper use of it. If he ceases to use it
for the purpose which is valuable to the
community, it's ownership reVertS to the
man who makes it actively valuable.
It has been easy to regulate this ow-
nerShip Of water within state lines, for
the same law applied to the entire
length of any given stream or ditch.
The question of the ownership of water,
however, where the citizens of two
states contested therefor, has been
much discussed, passed upon OCCASIONAL
" in the lower courts, but never in such
a way as to bring the matter to the
Supreme court of the United States,
where a precedent might be established
which would govern all controversies in
the future.
The most notable case of an issue be-
tween two states is that of Kansas VS..
Colorado, and nearly every year the
attorney general of Kansas prepares d
hTiPf makes announcement
threatening suit against the state of
Colorado to prevent the. appropriation
of water from the Arkansas river,
which rises in Colorado and flows
through western Kansas.
1t was announced a few days go that
Attorney General GODDARD had gone to
Washington for the express purpose of
asking leave from the United States SUI
preme court to file a bill in equity on
behalf of his state to enjOin Colorado
from diVerting the waters of the Arkan-
sas and its tributaries for irrigation
and other purposes.
What is especially feared at this time
is the plan to build great reservoirs in
Colorado and stop even the flood water
from coming into the state below The
lands in the valley of the Arkansas are
estimated to be worth SIS, 900 and it
is asserted that these values are rem
dered unstable by the constant threat
of an impaired water supply.
Kansas asks that the state of Colora-
!
more irrigation charters for canals, and
also asks that the state be restrained
from building canals and reservoirs,
which it now cOntenplateS, and that as
! fast as the charters of present irrigation
/ bitches expire they shall not be re-
| newed.
The state Of Colorado claims all the
| water that falls in that state and
claims the right to take out the water
from the Arkansas river and it's
! branches; it is engaged not only in
building canals and reservoirs as a
| commonwealth, but is chartering 9TH
erS, and the people of Kansas fear that
in a short time no water whatever will
| flow in the Kansas portion of the Ar
kansas valley 1t is asserted that the
Kansas plaintiffs can prove constant
| diminution Of the water supply in di-
| rect ratio to the irrigation develop
lsment of Colorado.
The Kansas argument sets forth that
| the Arkansas river rises in the Rocky
| Mountains on the east side of the sum-
nit. flows through seven counties in the
| state of Colorado, enters Kansas in
| Hamilton county and flows through
| thirteen counties in Kansas into Okla
| homa. All the tributaries entering the
| Arkansas river in the state Of Colo
| RADIO have their rise and entire flow in
that state. The drainage area of the
! river in Colorado is approximately q.
coo square miles, and the length of the
river in the state is about 2S0 miles.
The old territory of Kansas extended
even west of the summit of the Rocky
Mountains. and all Of the territory
which comprises the drainage area OF
the Arkansas river in Colorado was
once a part of Kansas territory, hence
Kansas claims prior rights to all this
water.
The length of the river in Kansas