The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-17
COLORADO WORRIES.
Loss of Kansas irrigation Suit
Would Be Disastrous.

The people of Colorado are becoming
greatly stirred up over the Kansas
Colorado litigation in the supreme
court. A decision adverse to Colorado
along the Arkansas. but also along the
Platte, the Grand and the Rio Grande.
The Colorado Fuel and Iron COM
pany which has been made defend
ant in the suit, has filed its reply brief,
| in which it asserts that the prosperity
of the arid regions of the west depends
upon a decision in this action favorable
to Colorado 1t even asserts that
western Kansas ought to desire that
| Colorado shall win.
The answer of the Colorado Fuel and
Iron company sets forth that it and
its predecessors have been ever since
1877 engaged in coal mining, coke max
ing and the manufacture OF steel and
iron products. and has now in opera
ton twenty-seven coal mines, four iron
mines, six washeries. 5000 coke ovens
and extensive steel works, the greater
part of which are situated in the
drainage basin of the Arkansas river
and are wholly dependent for opera
ton on water obtained from that basin.
| 1t then states the number of it's en-
ployes- 18,o00-and its annual
pay rolls, about $4,000. 000
The defense then states that it pur-
| chased its water from farmers and 9TH
ers having priority under the laws of
the state authorizing the appropriation
of water fer agricultural, mining and
manufacturing purposes; that it has
SIS, Co., Go invested in the Arkansas
drainage basin, and has expended more
rights and the construction of bitches
and reservoirs. and that more than &c.
600 persons residing in that basin are
directly or indirectly dependent on it's
operations for support.
The defendant then sets forth that it
furnishes fuel to western Kansas. It
says:
THAT substantially all the fuel used
in rrrnr am L
tories, flour mills and other industries
and for domestic purposes, is coal mined
in Colorado, and within the drainage
area of the Arkansas river, and very
| large proportion of it is mined by this
defendant from lands owned by it,which
comprise the principal available supply
of coal within that area.
THAT in the winter time the demand
and necessity for coal from Colorado,
| especially for domestic purposes in this
treeless region Of Kansas. is very great,
and it is often very difficult to supply
it to a sufficient extent to prevent suf-
fering.
That during the fiscal year aforesaid
this defendants shipments of coal into
Kansas for consumption by its beet su-
gar factories, flour mill and other in
dustries, and for domestic use. was as
follows:
Tons.
To points west of Hutchinson. $50 900
To points east of Hutchinson.... "a, 900
: Total ............ .225. 900
the same having an aggregate value
at points of delivery of 81. $50, 000."
i Continuing the company says; That
y the resident population of the drainage
n area of the Arkansas river in Colorado
n exceeds 49, 600.
s That the assessed value of property
in said area is as follows:
0 Farms and grazing lands 80. SIC, 000. 600
] Live stock Observation-Disclosures. 5000, 900
4 Miscellaneous 9 mn 00n
Total $1,000. ..............$S 6, 900 ,0o0
''The actual value IS about twice the
above. Many OF these residents are
either directly indirectly dependent
on the opera tons of this defendant as
( aforesaid. While the balance of them
are either farmers having large and
q extensive farms in high state of Gull
: tivation. or stock growers, or engaged
e in other occupations, all depending,
y directly or Indirectly, for their exist
f ence and prosperity upon the contin-
Z uance OF the right to appropriate and
. cultural. mining, manufacturing and
e dom estic purposes
S THAT in the event that this defend
d ant and the residents of the drainage
n area of the Arka nsas river in Colo
8 RADIO should be deprived of their right
y to so use such water. almost the entire
T drinage area of said river would be-
come a desert and OF little value. as il
provement resulting in irreparable and
incalculable injury and damage to the
d people so Immediately concerned as
{ well to the state of Colorado"
Commenting this the Denver Posi-
= asserts that the success of Kansas in this
It suit means death to the west"
Il AN adverse decision" it says, wipes
II out the western portions of Kansas and
: Nebraska, almost all of the Dakotas Mon
a lana. Idaho, Arizona, Utah, Wyoming
q New Mexico, Nevada and the fruit region
} of southern, California,
3 The whole case on the part of Kansas
J. is predicated the fact that a handful
e of Kansas people want to have main
tanned their riparian rights to the flow
of the Arkansas river. To do this TIL
destruction and depopulation of the en-
tire arid region of the United States i
IT, involved.
: yet those who heard the argument o
l., the original demurrer and the remarks o
= the judges of the supreme court at tn
a time are of the opinion that the judge
N lean toward the riparian Doctrine, whicl
IS they learned from the books when tn
ID doctrine of appropriation was in its IN
to fancy, and had gained no legal STANDING
ID I or recognition, and they fear an adverS
\ decision unless the judges can be mad
r. to fully understand how broad and far
- rea ching the result is. It is also sal
sc that there are more people and NOR
/ lands in Kansas dependent on irrigatio
than are interested in maintaining tn
riparian doctrine"