The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-19
IRRIGATION HEARING.
Testimony Introduced to Show Gov
eminent Appropriations.

Wichita. Aug. 19.-One of the conten-
lions of the Colorado attorneys has
been that the bed of the Arkansas
river has been filled up with silt and
sand and that this, rather than the re-
ceding Of the waters accounted for the
fact that the river bed was dry so
much of the time. This theory was ex-
ploded by r. E Lawrence. witness for
the plaintiff, who swOre that the stone
piers of the Douglas avenue bridge rest
upon wooden foundation which was
built under the surface of the water
at its lowest stage and that il was not
until 1890 that this wooden foundat ion
was visible Now, according to the tes-
timony of Mr.. Lawrence. at least six
teen inches of this wooden foundation
is visible above the water, proving con-
clusively that the bed of the river has
become lower than it was when the
piers were built.
Evidence was also offered corrob-
orative of the testimony of Mr.. Law
renee relative to the fact that the Ar
kansas river prior to the receding of the
waters was considered a navigable
stream Counsel for the plaintiff show
ed by public documents that the gov
eminent had appropriated in the ag
gregate S94 900 for the improvement of
the Arkansas river between Fort
Smith, Ark. and Wichita, Kan.
The attorneys for the defense are
making a strong fight to tear down the
testimony of the witnesses by introduc-
ing technical questions and by resort
ing to every device OF shrewd cross
questioning.
r. E. Lawrence was called to the
stand when the hearing opened, and Mr.
Rogers. for the defendants proceeded
with the cross-examination. Witness
explained at the outset that an error
appeared in the report in the morning
paper regarding the narrowing of the
bed OF the river. He said the narrow
ing was not done by the city, but by
corporations or individuals so far as he
knew He also said he had testified
~ |a-Trr
deep instead of eight or ten feet deep
above the mouth of the Little Arkan-
sas river during the winter season.
Witness also revised his statements
as to the years in which the several
spans of the Douglas avenue bridge
were removed He thought this was
done in 1887 and 1890 rather than ear
Tier. He was certain that I'D to this
time the flow of the river had not been
retarded and no appreciate increase |
could be noticed in the height of the
water of the river. Witness said people |
began to notice the depletion of the |
now of water in the river about 1890 |
and an investigation seemed to war |
rant them in the belief that the cause |
was the taking of water from the river |
in Colorado for irrigation purposes |
Witness said the people generally cared |
more about the receding of the water |
IN the soil than that in the river /
though in his opinion one could not /
rise or fall independent of the other |
The receding of the underf1ow had been /
going on for period of ten years or /
more but witness was not sure it had |
resulted to the detriment of the peo-
pie of Wichita from standpoint of
health.
Witness said the wells on the upland |
possibly had more water in them than
In an early day, but it was not depend
ent upon an underfiow. He said the /
settling up of the country to the west |
ward. the growing of trees and the
cultivation of the soil would not in
his opinion have a tendency to check
the flow of the water in the Arkansas
river, but that on the contrary it |
would result in more moisture. Wit
ness had no knowledge of changed /
conditions in the. Ohio, Missouri, Mis-
eissippi, Smoky Hill, Solomon and Re
publican rivers
opinion of a witness previously ex-
q mined that first bottom land was
worth less than upland proportionately
as compared with the prices which
were formerly obtained He told OF
having recently purchased a farm to
which had been added about 20 acres
OF made land, caused by the filling of
the river bed
Judge Ashbaugh then began a re-
direct examination of the witness. who
said that the first filling in of the
river consisted only of an approach of
earth built from the river bank to the
hlling in along the banks of the river
at the Douglas avenue bridge could
possibly affect the flow of the Arkan-
sas river above the mouth of the Lit
lie Arkansas.
Witness said he believed most of the
people in Wichita used water from the
water system and that this might have
something to do with the healthful-
ness of the city.
Witness said that though he had paid
1co an acre for a bottom farm recently
he did not consider ii worth as much
Nv rs per cent as it would be if the un-
ierfiow of former years could be re-
urned. The rise in the value of land
vas in spite of reduced productiveness
md because of the improved conditions
md markets close by He thought the
lpening of Oklahoma to settlement had
esulted in increased rainfall and few
hot winds. Witness said the break Is