The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-11-06
EDITORIAL COMMENT.
Irrigation Rights.

San Francisco Call.
An interesting contest is now going on
between the states of Kansas and Col
oradO over water rights in the Arkansas
river. The river flows through Colorado
into Kansas. Colorado asserts her right
to use the water for irrigation. Kansas
asserts riparian rights and demands
that Colorado permit the water to flow
uninterrupted and undiminished past
her arid lands to the lands of Kansas
Kansas filed a complaint against Col
orado and Colorado filed a demurrer,
which has recently been OYerruled, and
now the case is to come up on its mer-
its. The Denver Republican quotes the
attorney general of Colorado as saying
that his state would assert a new prin-
ciple of law and seek to uphold it on
the ground of public necessity. The Re
publican goes on to say: THE answer
follows the Overruling of the demurrer
filed by Colorado to the complaint filed
by the state of Kansas. The answes' re-
views the whole history of irrigation,
but makes it's chief point on the asser-
.tion that the right to irrigate takes pre-
cedence over the ancient riparian right.
1t asserts that little of the water of the
Arkansas naturally reaches Kansas. On
the contrary, 1t asserts, irrigation is
really a help to Colorado's eastern
neighbOr, as the water taken from the
river by farmers seeps back into the
river again and carries farther than il
naturally would. The desert land act
ana numerous OIneG acts Oh congress.
including the irrigation act of the pres
ent year, are cited in support of the
states contention"
The doctrine that water once used for
irrigation will seep back into it's origi-
nal river bed with such force as to carry
farther than it would have done had it
been left to flow naturally is one that
Colorado will probably have a good deal
of difficulty in proving. 1t is one of the
statements that are classed as interest
ing if true" That however, is a minor
point. The feature of interest and of
Importance in the case is the contention
of Colorado that irrigation rights are
superior to riparian rights. That ques-
ton affects the whole of the arid west.
Upon its rightful solution depends the
welfare of thousands today and many
millions of that future day when the
practice of a comprehensive system of
irrigation shall have redeemed from the
desert the broad acres that are now I'M
titled.
1t is not to be expected the solution
will be easy. The case is one in which
the courts will have to choose between
contestants each of whom has some
thing of right and reason on his side
have long been solidly embedded in our
law. Now come the irrigationists and
in the name of public welfare declare
the need of adopting a new principle. 1t
| is another illustration of the old truth
4 that a law which may be just and fair
in one country would work harm in an
other. 1t is to be hoped the case as pre-
scented between Kansas and Colorado
will be sufficiently broad to determine
| the whole complex issue. so that there
need be no further litigation on the sub
| jet, for the demand of irrigation is
pressing and it is time that all law
points concerning it be definitely set
/ tied.