The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-16
RIVER HEARING is ON.
Testimony in the Fansas-CoIorado Ar
kansas River Case.

Wichita, Kas., Aug. 16.-The hear
ing of the Kansas-Colorado Arkansas
river case was begun Monday in the
federal court in this city before Hon.
Granville A. Richardson, special mas
ter representing the United States SUI
preme court. NJ. NJ. Murdoch and O.
A. Mulvey, both of Wichita, testified
that there had been noticeable re-
ceding of the average flow in the past
ten or fifteen years. Both testified to
the existence of an underfiow.
Six old time residents of the Ar
Kansas-Colorado water suit today.
They were M. M. Murdoch. editor and
publisher of the Wichita Eagle; o.
A. Mulvey, formerly city engineer of
Wichita, Henry Ferguson, c. H. Tupph
and Charles Huss, all big property
owners of Mount Hope, and J. w. Har-
rison, of Colwich. All testified that
the water normally in the Arkansas
river was much lower than it was when
first they knew the stream, and that
it had been decreasing gradually dur
ing the last ten or fifteen years. Some
valuable information relative to the
underf1ow also was given. The hear
ing lasted all day and will consume
several more days.
The attorneys present at the open
ing of the hearing were, Attorney Gen
eral N. c. Miller of Colorado, Judge
Hayt of Denver, c. c. Dawson of Can
yon City and Platt Rodgers of Den
yer, representing the defendants, At
torney General G. c. Coleman and N.
H. LOOMS of Topeka. F. Dumont
Smith of Kinsley and S. S. Ashbaugh
of this city, attorneys for the plaintiff
In addition to these, Anthony c.
Campbell of Washington, d. c., spe-
clal assistant to the attorney general
of the United States, who is here to
look after the governments bill of
intervention, and Professor L. G.. Car
penter of Denver, late engineer of
Colorado, were present when the hear
ing was begun.
The controversy in the federal
supreme court between the states
the waters of the Arkansas river.
has caused the government, as
well as the attorneys employed in the
case, to make a study and a survey
of that stream. That there is an I'M
derf1ow the irrigation farmers of the
Arkansas valley have believed for
many years, and now come the gov
eminent engineers with surveys and
soundings that confirm this theory.
Frederick Dumont Smith, one of the
attorneys for Kansas in the case, has
also given the subject some thought
and he says of the underf1ow:
After years of effort, the irrigation
bureau has consented to test the I'M
derfiow of the Arkansas river with
view to determining the feasibility of
bringing it to the surface by gravity
This is largely the result of the repre-
sensations and persistent effort of Com
the bureau has been for some weeks in
vestigating the flow and has demon
strated fully that there is an under
ground fiow,a river beneath the ground
throughout the valley moving toward
the sea at the rate of from nine to ten
and one-half feet every twenty-four
hours.
For years competent observers who
in
thought it could be brought to the sur
face by gravity. The slope of the sur
face is about seven feet to the mile in
the valley and very uniform. If pipes
could be laid, reaching from the surface
into this underfiow, withsa considerable
less inclination that that of the sur
race, say three feet to the mile. three or
four miles of pipe would reach from the
underf1ow to the surface.
The water, seeking the outlet, and
following the line of least resistance,
would flow through this pipe, a steady
how the year round, and as a result
gate a large area If it is successful
within the limits of price, the future of
the valley as an irrigated region is as
sured. 1t has been carefully estimated
that for $4,000, such a flow can be
brought forth, sufficient to irrigate a
section of land. This is less than $40 an
acre for perpetual water right, prac-
t1cally inexnaustible. Water rights in
euS Irrigated region rarely cost less
than $25 per acre with an additional
yearly charge of from $1.50 to So per
acre for maintenance.
Land so irrigated would be immed-
lately worth at least 800 per acre Such
land will produce enormous crops of all
kinds, and with intensive farming can
be made enormously profitable. If the
experiment succeeds it opens a wonder
full vista for this valley. 1t means that
every acre of land in it is worth 500,
capable as it will be of producing great
crops of alfalfa, small fruit and vege-
tables. 1t means a closely settled COM
with thriving towns and vii
lagos. 1t means. in short, that the Ar
kansas valley would be one of the