The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-27
OTHER STATES
INTERESTED
Close Wafch Kept on the Kan
sas-Colorado Suit
FIGHT OVER WATER RIGHTS
SUPREME COURT WILL SETTLE
THE MATER
Especial to The Herald3


Washington, Dec. 26.-The suit
brought by the state of Kansas I'm the
supreme court of the United States
against the state of Colorado, which in
wolves questions ia respect to the use
of the waters of the Arkansas river
for irrigation purposes, is attracting
widespread attention among the repre-
sentatives here Of the entire arid re-
gion for the reason that the decision
VIII affect the established customs
which have prevailed IN that region
and may seriously imperil large prop
erty interests. Senators and represen-
tatives from many Of the arid states
are viewing the suit with some con-
Germ and some of them are urging the
United States government through the
Interior department, to intervene in
order that property rights Of the peo-
pie Of the west may be protected. AS
these senators and representative view
the matter. a decision of the supreme
court sustaining the contention of
either Kansas or Colorado would be
detrimental TO the prosperity and
growth of the arid region.
Riparian Rights.
Kansas contends that the doctrine Of
riparian rights prevails within the arid
region, and. SO contending, asks the
supreme court to enjOin the state of
( any On the waters of the Arkansas river
for Irrigation purposes.
Colorado contends that. under the
provisions Of its constitution, which was
ratified by congress, all the water in
the state belongs TO il in its sovereign
capacity, and that il can authorize its
inhabitants to appropriate and use all
the waters within the state. including
those Of the Arkansas and its tributar-
l. a.. Tr.H
5 purposes. Under this doctrine the cit
liens of Colorado could take all the
waters OF the Arkansas and leave none
to flow into the state of Kansas. The
doctrine which has generally prevailed
Z i'm the arid region is that the waters
Of natural streams can be used for the
purpose Of irrigating land and for other
> beneficial purposes and that the person
who first makes an appropriation of
water from . natural stream and uses
/ it to reclaim and irrigate land has
prior right to the water. Kansas de-
mics the validity of this doctrine. and
claims that the owners of riparian
! lands are entitled to have all the wa
i ters of the stream. Colorado accepts
I the doctrine generally prevailing. with
| the limitation that e does not extend
/ the right TO the use OF the waters Of
/ a stream rising in Colorado to prior
I
/ an adjoining state.
Other States Interested.
Representatives from other western
states believe that the operation Of the
/ rational irrigation act Of 1902 may be
seriously affected by a decision sustain
/ ing either contention. and for this rea-
son they urge that the United states
should intervene. AS one senator eX-
! pressed it a few days ago in talking
about the matter. If Kansas should
. succeed il would be useless for the gov
Iernment to erect 9, reservoir in Colorado
as all the water arising i'm Colorado
must flow unimpeded and urdiminished
I into the state of Kansas. If Colorado
Should succeed it would be useless to
! erect "a reservoir in Kansas. for if Colo
RADIO could use all the waters arising
within its boundaries none could flow
into Kansas to supply a reservoir. This
/ same condition Of affairs exists be-
tween Colorado and New Mexico in, re-
spect to the Rio GFande. between Wyo-
ming and Nebraska i'm respect to the
North Platte, between Colorado and
. Wyoming in respect to the Laramie
/ between Utah and Wyoming in respect
. 10 the Bear river. between Colorado
{ and Arizona in respect to the Colorado
] between Wyoming and Montana in re-
! spect to the Yellowstone and the Big
Horn. In fact the same questions arise
/ between all adjoining states with inter
state streams, and the application OF
either doctrine would retard the Tecla-
nation settlement and sale Of lands
the irrigation of which is contemplated
under the new irrigation act"
! 1t IS hoped by Intervention on the
part Of the United States IL the Kan
sas-CoIOrado suit that a decree Of the
supreme court viii be obtained confirm
ing the generally accepted doctrine in
the arid region in respect to the use OF
the waters OF natural streams for irri-
cation and other beneficial uses. and
that some definite rule be esta bhshec
governing the rights Of prior appropri-
ators of water from interstate streams