The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-04-29
United States
Supreme Court
Appealed To

Washington last Friday on an important
mission so far as the state of Kansas is
concerned. He has gone to institute pro-
ceedings in the supreme court of the
United States TO restrain the state OF
Colorado from appropriating the waters
of the Arkansas river for irrigation Dur-
poses.
For years complaint has been made that
the waters of the Arkansas river were
being diverted by the state of Colorado
and the ditch companies and corporations
licensed by that state, for the purpose of
irrigating their arid and barren lands not
adjacent to the river bottom. The result
has been that during the dry season Of
the year but little, if any, water was al
lowed to remain and flow in the natural
channel of the stream. The amount of
water has been greatly diminished. the
flow during the dry part of the year has
nearly ceased, and the river bed is grad
alally filling with sand, shrubs and grow
ing trees.
Private parties raised a small amount
of money for expenses and sent Mr.. ]. D.
Houston of this city to Colorado TO make
an investigation of what was being done
there and what they intended to do. From
the report made by Mr.. Houston, the
farmers along the river called a public
meeting, to be held at the courthouse in
Wichita, on February 10, 1858. a commit
tee was appointed, composed of Z. B.
Jewett. Silas Rutledge, w. ]. Babb, James
r. Mead and Walter H. Graves which
committee organized by electing Mr.. Jew
EFT chairman and Mr. Babb secretary.
Mr. S. S. Ashbaugh of this city was re-
quesIed TO look uo the points OF law in
VolYed in the matter. The committee
made a full report of the facts and the
law and recommended that proceedings
be commenced in the proper courts to pro-
tect the rights and the property of the
citizens of Kansas living along the Ar
kansas river. This report of the commit
tee was published in the Eagle on October
%. 1898, and is the origin and basis of
the present action to be filed by the at
torney general.
In June, 1898, this committee and the
county commissioners of Sedgwick county
sent Mr. Ashbaugh to Arkansas to make
similar Investigations in that state, and
later sent him to Washington to cons ult
with the attorney general of the United
Safes in the matter.
1.-THE last session of the legislature
Representative w. 7 Babb secured the
passage of an act authorizing. counties and
townships along the Arkansas river to
make appropriations of limited sums TO
defend their rights and the rights of their
citizens, but thus far no county or town
ship has acted under this authority and
the only money expended has been raised
by private subscription and supplied by
the commissioners of Sedgwick county.
But the matter was not allowed to rest,
and the agitation has been continued. A
few weeks ago Attorney General GODDARD
called upon MIR. Ashbaugn and obtaiIei
from him his views and his brief pre-
pared from his former investigations. AS
a result of these different consultations.
the bill Of complaint was prepared, which
we print in fun as follows; i
IN THE SUPREME COURT OF THE
UNITED STATES.
To the Honorable, the Chief Justice and |
the Associate Justices of the Supreme |
Court of the United States:
Your orator, the State Of Kansas.
brings this. its bill of COMPLAINT. against
the State of Colorado. and AYERS:
l. The state of Kansas is one of the
United States of America admitted into
the union January 9, 1861. The state of
Colorado is one of the United States of
America, admitted into the union Au-
gust l. 1876
2. This bin is exhibited and these pro
are had by direction of Hon.
w. e Stanley. the duly elected, qualified |
and acting governor of the state of Kan
sas.
3. Your orator further says: The Ar
kansas river rises IN the Rocky noun
Iains, in the said state of Colorado, and |
lows from its source through the coun-
lies Of Lake Chafee, Fremont, Pueblo, |
otero. Bent and Prowers, in said state, |
andf thence from the last-named county |
ACROSS the line into the state of Kansas.
All tributaries entering the Arkansas |
river in the state of Colorado have their !
Use and enteire flow IN that state The !
eHlgth Of the river i'm tn said state is, APP
$50 miles. and the drainage |
urea of said river and its tributaries in |
he said state is, approximately, 22,00) |
lhuare miles. All of the drainage area |
5f said river is east of the summit of |
the Rocky mountains, and G large por- |
ton Of sue harea is in the mountains, |
where the fall Of Snow in the winter |
season is very great. Deep SHOWS accum-
nlate during the winter season in said |
and the valleys thereof, which |
snow. melting during the spring and sum
ner, the waters therefrom flow into the
river directly and in great volume from
The early spring until the month of Au-
gust in each year The course of said |
river, after leaving the mountains of
Colorado, proceeds in an easterly direc-
ion for, approximately. 200 miles to the
west line of the state of Kansas, and the
liver in its course, after leaving the
mountains, is a navigable stream under
he laws ana departmental rules and
regulations of the United States
The volume Of water in the he'd of said
'Iver flowing from the state of Colorado
nto the state of Kansas formerly was,
md should now be, and would be. very
arge but Tor the wrongful diversion Of
he same az hereinafter set forth. said
Tolume at its normal height IN said
liver st the mean average flow. for about
en- months in the year being upwards of
900 cubic feet per second. For a period
"a NADNt Two 4AloAtAAis IA tsiS aOtA4ia4A "a |
'aeh year the normal flow Of water in
he bed If said river shrinks and Is much
ess than the amount above stated The
tributaries of said river in The state Of
Kansas are comparatively few IN number
md do not and could not furnish water
o eause continuous stream to flow in
he bed of the said river sxcent in the Il
south line Of the state. where the river
lows into the territory Of Oklahoma
The said river flowing from the slale