The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-18
THE IRRIGATION SUIT.
Shown That UnderflOw Is Not Con-
fined to Land Near River.

Wichita, Aug. 18.-What is consid-
cred by the attorneys for the plaintiff
in the Kansas-Colorado irrigation case,
now being heard in this city, as the
most valuable testimony thus far adj
duced, was brought out when it was
| shown by two witnesses that the I'M
derdoW of the Arkansas river valley
extends to a distance of several miles
from the river itself and that at that
distance it is affected by the conditions
| in the river as perceptbly as 1t is
near the banks of the river itself.
| The two witnesses by whose testimony
this fact was established, said their
| observations were made at Burton,
which is eight miles from the Arkan-
sas river. They said that water in
wells at that place rose and fell in
| the same proportion as the water in
| the river rose and TeII and at the
same time, thus showing plainly that
| the rise and fall was the result of the
| rise and fall in the Arkansas river.
Both these men also testified that even
| at the distance of eight miles the trend
| OF the underf1ow was the same as it
| was near the bank of the river.
Another excellent point thus far
brought out in the evidence adduced
by the plaintiff was that part of the
testimony of d. E. Breese, who said
that when he bought mis- land from
the Santa Fe railroad company it was
urged by the agents of the company
that first bottom lands were the most
valuable because they We're Sub-irrt-
gated and that such lands were sold by
the company at 80 and 30 per cent high
er than the second bottom or upland.
This witness also said that while that
was the condition at that time first
bottom land was not now proportion
ately more valuable than lands on the
upland or second bottom
DR.. G. E. McAdams was the first wit
ness called in the morning. He testified
that as early as 1873 he had served as
a member of the health committee of
CitV said
to investigate the condition of the
river and it's flow. In 1882 he was
chairman of a special committee to ex-
pertinent in order to locate wells for
water system for the city. Various
samples of water from several depths
in the ground were sent east for anal
ysis. The uniform depth at which wa
ter ceased to be found was at that time
about SO feet. In going to this depth
to 6 layers of hard pan were always
encountered. Water always could be
found at about IL feet from the surface,
but it was not good water. Several
wells were driven in the block on which
the federal building now stands about
$50 feet east of Main street. There was
row of ceSSpOolS nearby and these
wells were driven to learn If possible,
whether the water from these cesspools
affected the water. There were 5 of
these wells, four of them at the corners
of a 20-foot square and the fifth in the
center. A half ounce of red aniline was
suspended in the middle we'll and the
colored water from the red aniline ap-
peared at the southeast well first, es-
tablishing the trend of the underflow.
The red water appeared at the south
east pump in one and one-fourths min
utes, at the southwest well in one and
one-half minutes and at the northeast
pump in about two minutes. No evil
dence of colored water was shown in
the water from the we'll at the north
west. The deepest color was notice.
able at the southeast well.
John w. Shive, from near Burton,
was then called. He said he had lived
on a farm near Burton since 1871.
Witness said he was familiar with the
Arkansas river valley from Wichita to
Lakin in Kearney county the second
county east of the Colorado line. The
valley near his place was 15 miles wide
at Wichita, miles at Hutchinson and
Sterling miles, at Great Bend miles,