The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-03
WANTS A HAND.
Uncle Sam Would Get Into the
Kansas Colorado Suit.
An Application to intervene
Will Be Filed.
QUESTION OF POLICY.
Government Would Settle For.
ever Irrigation Question.
Would Oppose Contentious OF
Both Colorado and Kansas.

Attorney General Coleman today re-
ceived notice from Attorney General
Knox of the United States that on
March IA the United States would make
application to the supreme court at
Washington for permission to inter-
vene in the Kansas Colorado suit over
the waters of the Arkansas river.
If the supreme court grants the petit
ton of the United States the Kansas
Colorado suit will be changed and de-
layed and the manner of procedure will
be affected. The issues between Kan
sas and Colorado are now made up but
if the United States is allowed to take
a hand the issues will necessarily have
to be changed.
The contention of the United States
in the case will be directly OPPOSED to
certain contentious made by Colorado
and to other contentious made by
Kansas, and will result in a trial of all
questions regarding the irrigation pol
icy of the United States, just being put
in force, and the settling of all Ques-
lions regarding irrigation This will
make the case far more reaching than
if Kansas and Colorado were allowed
to settle their differences.
If the United States takes a hand in
the case the government will oppose
the contention of Colorado that no
state, nor the United States, has any
power to say what shall be done with
the waters that rise in Colorado. At
torney General Miller of Colorado
thinks that with this exception the po-
sition of the United States in the case
would be favorable to Colorado.
The United States, in the application
to intervene, win a1lege that United
| States interests are affected by the
| Kansas-Colorado suit and that the liti-
| CATION of the suit is repugnant to the
| policy for the reclamation of arid lands
hi,
The United States will oppose the
contentious of Kansas under the COM
mon law of riparian rights, that the
waters shall not be used and retained
and will contend that such laws are not
| applicable to the semi arid western
plains that in the semi arid regions
/ that the water is needed where the
| country is dry and not further down
| the stream, as provided by the common
| law that the water shall be used and
allowed to flow on.
| The United States will also oppose
| the contention of Colorado that the
state of Colorado has unrestricted SOW
| ereignty over the headwaters of all riv-
ers rising in that state and may appro-
/ pirate all. The position of the govern
ment will be that this is not consistent
1 with the supremacy of the United
/ States to regulate interstate commerce
/ on navigable streams
The questions arising in the Kansas
/ Colorado suit and the decision by the
| United States supreme court will affect
| the irrigation schemes proposed for the
Colorado valley, the Snake river valley,
the willamette valley and other locali-
ties where the irrigation plans of the
/ federal government are to be carried
| out.
If the United States succeeds in TAX
ing a hand in the case and if the con-
tentions of the federal government are
maintained Colorado win lose it's con-
tentiOn for control of the head waters
of the river and Kansas will lose par
TALLY by a modification of the common
| law doctrine but in the main it would
seem that if the contentious of the
United States are maintained that
Kansas would win. AS the issues in
the case now stand Kansas does not
seek to force Colorado to abandon the
irrigation schemes already established
in that state but wishes to prevent
/ Colorado from taking any more water
from the Arkansas river and thereby
injuring Kansas any more than at pres
Snt.