The Springfield herald., 1904-06-10
ARKANSAS RIVER
kAnsAs-coLoRAro WATER SUIT
Investigations CT Attorney General
MiIler.-Examination Of the River
in kansas.-Supreme Court Will
Go Into the Question Deeply.

in kansas.-Supreme Court viii
Go Into the Question Deeply.
Denver. June Attorney General
N. c. Miller returned yesterday from
Washington where he appeared before
the United States Supreme Court in
the kansas-Colorado water rights con-
troversy. incidentally. before return
Ing to Denver. he spent ten days in
vestigating conditions along the Ar
kansas river in Kansas and familiariz-
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 d."--..!!te action Indicative
of what it's future decision might be;
1t had postponed the whole contention
until an investigation of the situation
in both states can be made and evil
Gence submitted to Judge Richardson,
the master appointed for that purpose.
All the rulings made by the high tri-
bunal up to date have been solely on
the pleadings and not upon proof. and
no conclusions can be drawn at the
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. 1t is perhaps the first of
many. 1t involves principles that may
bother the Supreme Court again in
years to come-and for this reason
any ruling that is made must set re-
liable precedent for future cases OF
tnis kind. Inasmuch as the Supreme
Court has stated that it will not pass
~ ha ot iccn hn,
tween the two states until the whole
case has developed and actual evil
dence has been taken and submitted.
1t shifts the whole matter in a legal
way from the office to the field.
We must now get out and investi-
gate the character of the country
through which this river passes, the
nature of the soil the water itself and
its distribution. and all the questions
that go to make up the merits of the
case on both sides. That was the rea'
son which led me to go directly into
the field and investigate the situation
personally before returning to Den
yer. | talked with Judge Hayt before
leaving Washington and told him that
| expected to make this trip for the
purpose OF determining the arrange
ments for using water along the river.
and stopped at all the important towns
along the river. Owing to the nature
of the train service, it was only possi-
BILE to make one town day, and after
stopping in Wichita three nights and
two days. l had consumed all the time
| could spare at present. But it is abb
solutely necessary to make arrange
ments with one of our attorneys to go
into the field very soon and make per-
sonal investigation of the situation"
1T will be necessary for all of the
Colorado attorneys to familiarize them
selves 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
personal trips along the river. Who
the attorney will be to make this trip
is of course, not settled at this time,
but it must be soon. 1t is probable the
Kansas attorneys will begin submit
ting evidence at least by July goth, and
we should be prepared TO submit ours
az the same time.
THE question of selecting a master
for taking evidence was at first left
with the attorneys for both sides. but
of course there was no agreement, and
reither side would consent to the selec-
ton of n man from the other state.
Finally it was left with United States
Attorney General Knox. who appointed
Judge Richardson of New Mexico. This
think has been thoroughly satisfac-
tory selection to both sides. Judge
Richardson is chairman of the lrriga-
ton Commission of New Mexico, and is
well-qualitied and competent man.
New Mexico has made great strides
in irrigation matters and is building up
a system of equitable and practical
laws on the subject. The evidence at
ter it 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,
question as to the division of water.
The big question is that Kansas claims
a natural and extensive undertlow, be-
ginning at Dodge City, and that state
claims the use of water by Colorado for
irrigation purposes is gradually drying
up this underflow | am not afraid OF
any evidence the submittision of facts
may bring forth. AS 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
cial one. and my investigations were
not exhaustive. but | am satisfied that
while this underflow undoubtedly eX-
lists. the use of water is not affecting
the underfow. AS a 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
much water that it don't know what to
ri with IL "