Rocky Ford enterprise., 1904-06-10
ARKANSAS EIVER
ikANsAs-coLoRAoo WATER SUIT
Investigations Of Attorney General
Miiier.-Examinati Of the River
In ksnsas.-Supreme Court VIII
Go Into the Question Deeply.

Miiier.-Examination Of the River
In kansas.-Supreme Court VIII
Go Into the Question Deeply.
Denver. June 4.-Attorncy General
~. c. Miller returned yesterday from
Washington where he appeared before
tho United States Supreme Court in
the Kansas Colorado water rights con-
troversy. Incidentally. before return
Ing to Denver. he spent ten days In
iyestigating conditions along tho Ar
kansas river In Kansas and familiartx-
Ing himself with the conditions that
will be met with In subsequent phases
of this great case.
In discussing the matter last even.
Ing Attorney General Miller stated
that the United States Supreme Court
had taken no definite action indicative
sof what It's future decision might be:
II had postponed the whole contention
until an Investigation OF the situation
in both states can be made and evil
dence submitted to. Judge Richardson.
the master appointed for that purpose.
All the rulings made by the high tri-
'bunnl up to date have been solely on
the plcadinHs and not upon proof. and
no conclusions can be drawn at tho
present time on the merits Of the po-
sition taken by either state.
The fact OF the matter is." said At
torney General Miller. the Supreme
Court wants to see what there Is In
the case. II is perhaps the hrst Of
many. II involves principles that may
bother the Supreme Court again In
years to come-nnd for this reason
any ruling that IN made must set . re-
liable precedent for future cases Of
TINS kind. lnnsmueh ms the Supreme
Court has stated that II will not pass
on any Of the questions Mt Issue be-
tween the two states until tho whole
case has developed and actual cvi-
dcHce has been taken and submitted.
II shifts the whole matter In legal
way from the once to the flcld.
I'VE must now get out and invcsti.
gate the character Of the country
through which this river passes. tho
nature OF tho soil. the water itself and
Its distribution. and all the questions
ithat 70 TO make up the merits OF tho
case on both sides. That was the rcn-
son which led me to 70 directly Into
tue field and Investigate the situation
personally before returning to Den.
yer. talked with Judge Hayt before
icavln. Washington and told him that
] expected to make this trip for tho
purpose OF determining the arrange
mcr'a for using water along tho river.
/ II stopped off first Mt Arkansas City
and stopped Mt nil the important towns
along the river. Owing to the nature
Of the train service. II was only posi-.
bic TO make one town day. and after
stopping In Wichita three nights and
two days. I had consumed all the time
I could spare Mt present. But II Is NIB.
soiutcly necessary to make arrange
mcnts with one OF our attorneys to go
trsA H., a..tA nj MI mi Ln AZ
Sonai Investigation OF the situation"
1T will be necessary for all OF the
Colorado attorneys to famiiiarixc them
Lclvcs with the situation along the riv-
er for cross examination purposes. and
beside the one attorney delegated to
take up the situation thoroughly
would like to see all the others make
fcrsonai trips along the river. Who
tho attorney will be to make this trip
IL of course. not settled ut this time.
but II must be soon. II Is probable the
Kansas attorneys will begin submit
ting evidence Mt least by July goth. and
We should be prepared TO submit ours
n, the same time.
''Thc question of selecting master
| for taking evidence was ut first left
with the attorneys for both sides. but
OF course there wns no agreement. and
neither side would consent to the selcc-
uon of n man from the other state.
Finally II was left with United States
Attorney General Knox. who appointed
Judge Richardson of New Mexico. This
I think has been thoroughly satisfac-
tory selection to both sides. Judge
Richardson is chairman Of the 1rriga-
ton Commission Of New Mexico. and is
a wcll-qunlified and competent man.
New Mexico has made great strides
In irrigation matters and is building up
system OF equitable and practical
laws on the subject. The evidence af-
ter II has been taken will be filed with
the clerk OF the United States Supreme
Court.
"The main controversy in this case Is
not. as the impression seems to be. n
question rs to the division of water.
The big question is that Kansas claims
n natural and extensive underfiow. be-
ginning at Dodge City. and that state
claims the use of water by Colorado for
Irrigation purposes is gradually drying,
up this underfiow. ! am not afraid OF
any evidence the submittision OF facts
may bring forth. AS n matter Of fact.
! don't believe there is any great senti-
ment in Kansas against the use OF wa
ter for irrigation purposes by Colorado.
My trip was. of course. only superb
riai one. and my Investigations were
not exhaustive, but l am satisfied that
while this underflow undoubtedly ex-
lists, the use of water Is not Affecting
the underflow. As matter OF fact the
business people of the state of Kansas
are not taking any great interest In
this case and Kansas already has SO
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