The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-30
COLORAD0'S PLAN
Wants Hundred Miles of Kansas
Land.
Says 1t Will Settle the Irriga-
tiOn Suit.
WANTS 1T DISMISSED.
Colorado Doesn't Want Suit
Pressed to Decision.
Fred Dumont Smith Says Kansas
Will Win.

a solution of the KanSaS-COlorado water
suit is in progress, and if the efforts
of those most interested in the case
are successful a strip of the western
portion of Kansas, about 100 miles wide,
will be annexed to the state of Colorado
and the litigation now before the su-
preme court at Washington will be
thrown out.
Agitation along this line has already
started and prominent politicians in
both Kansas and Colorado are exerting
every effort to get the passage of bill
through the legislature of both states
whereby the western portion of Kansas
can be taken into Colorado. This it is
thought by those who have given the
irrigation question much study will
solve the difficulty and both states will
be benefited to a great extent.
The strip of country in western Kan
sas which it is proposed to annex to
Colorado is that most affected by the
| water suit. 1t is the arid region of the
Estate, and the irrigation problem is of
the greatest Importance to the residents
East of Dodge City practically no water
is taken from the Arkansas river for fr-
rigating purposes and the suit against
Colorado was brought for the purpose
of securing sufficient amount of wa
/ ter in that portion of the state extend
ing westward from Dodge City to the
Colorado state line. L. P. Worden, of
Garden City, Kan, candidate for rep
resentative from that county, are in
Pueblo in the interest of the plan.
| I'VE have many prominent politicians
and other influential citizens over both
states working for the success of this
plan, said Mr. Worden. 1t would settle
1.-The water question in western Kansas
Forever and the suit now in the courts
would be dropped as there would no
longer be any reason for continuing
it."
Both Mr. Worden and Mr.. Kennison
appeared before the government COM
mission when it was in session here,
and are thoroughly familiar with the
situation. They say they are supported
by practically every resident of western
Kansas.
/ This will be news to most people. not
only in Kansas at large, but in western
! Kansas as well, and it cannot be be-
1ieved that any considerable number OF
people will favor such plan. The idea
that division of Kansas giving Color
! ado the western fourth of the state
would settle the litigation between
Kansas and Colorado is erroneous. One
of the reasons for which the suit was
brought was because the COLORADO 1rrl-
eating companies took so much water
from the Arkansas river that the un-
derflow even was diminished and the
region from Hutchinson east did not
produce as great crops as it did during
the years before Colorado took so much
water Ceding part of Kansas to Col
orado would in no wise settle that
question.
Colorado would no doubt like to have
the suit settled in the manner proposed
in the foregoing dispatch. 1t would not
only give Colorado 10000 square miles
additional territory, but 1t would save
to the Colorado irrigation companies
the water which they are now taking
from the river. At present 1T seems
likely that Kansas will beat them IN
the pending litigation in the United
States supreme court and that they
will have to abridge their use OF wa
ter from the Arkansas. This would not
help the people lower down the Arkah-
sas in western Kansas.
I'VE have Colorado licked" said Fred
Dumont Smith, one OF the attorneys
for Kansas in the litigation, during
"Wiu they stay licked?" he was
asked.
yes. they will.'' he replied. '.If we
don't beat them on the doctrine of
riparian rights, we are bound to beat |
them on the doctrine OF prior appfoprl-
alton, which is part of the PACING COAST
doctrine. 1t is possible that the Un1ted
States supreme court will recognize the
Pacific coast doctrine applying to
western Kansas instead of the common
law theory of riparian rights, but even
then we Will beat Colorado and the COL
OradO attorneys realize 1t.
LAS matter of fact the Irrigatmg
ditches in western Kansas ante-date those
THE evidence which we have introduced
in the case shows that the Kansas d1tches
were dug in 1881 and from that time to
1888, while the Colorado bitches We're not
dug until late in the sos and in the yOS.
There was an abundance of water in
the Kansas bitches until Colorado took
SO much water, so that there is no trouble
in establishing the fact that the people or
western Kansas were using the water for
irrigation first, and since Colorado has
been taking so much the Kansas ditches
have been practically dry and worthless.
The United States supreme court Will not
let state line make any difference in
applying the doctrine OF prior approPrla-
tion, and under that the Colorado ditch
people can not diminish the flow of wa
ter in the river to the point that it would
interfere with the bitches which were dug
''The trouble started when Colorado
ditch companies began to take water
away back from the river to irrigate the
upIands In Kansas it was used for the
river valley, but out in Colorado they
have been taking it back on the uplands,
IF the right system were used there
would be water enough in the river for
all. Some of those Colorado companies
waste an immense amount of water One
man who was out Investigating the sub
ject said that his buggy sank in a bog
several inches along ditch simply be-
it was not needed Instead of keeping the
water in the river that was not needed, l.
they took it out and turned it on unused
land, not only wasting the water, but
running the land
''Then again, if Colorado would store
the flood water 1T would be good thing
largely prevent floods in the river and it
would give much more water for irrtgat-
ing purposes
Kansas is now through taking testimony
in the case and Colorado will begin this
month. Senator Smith said he thought
decision will be reached in the case about
December of next year.
This may be the reason why the Colo
ra do people now anxious to secure