The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-07
VICTORY IN AIR.
s. s. Ashbaugh Says Kansas Has
Won Irrigation Contest.
Colorado Now Struggles to Save
What It Can.
OVER EARLY IN YEAR.
Abstract of Testimony Complet-
ed Oct. /.
Original too Lengthy for Use of
the Court.

at is generally conceded now. as it
has been for some time, that Kansas
has won the main points for which it
was contending. Colorado is merely
fighting to save whatever it cam"
S. S. Ashbaugh, attorney for Kansas
in the Colorado Kansas water rights
lawsuit, made this statement yesterday
at the Copeland. just before starting
back to Colorado to resume the work
of preparing an abstract of the testi-
mony, which work has been in continu-
Gus progress at Denver ever since last
June.
Mr.. Ashbaugh and the attorneys rep
resenting the state of Colorado and the
United States government have been
doing their work in a room assigned to
them in the state capitol building at
Denver, and adjourned last Saturday
for one week, on account of the nation
al encampment, and. because of court
business requiring the attention of the
attorney representing the government.
Il expected to spend the rest of the
week at Wichita said Mr.. Ashbaugh,
but received a message this morning
summoning me to Denver at once for a
conference. 1 will go to my home in
Wichita today. and leave tomorrow for
Denver"
Asked concerning the time at which
the suit would probably come before
the United States supreme court. Mr..
AShbaugh said:
I'VE hope to complete the abstract
of the testimony by October 8, at which
time the next session of the supreme
court begins. We will then file a mo-
ton to have the case set down for
hearing, which will probably be about
so days later. In the meantime We will
prepare our briefs, which will of course
be VoluminouS, and the arguments be-
fore the court will be made when the
case comes up"
1t seems likely, therefore. that the
decision in the case may be expected
during the early part of next year.
| The testimony in this great case in
| it's original form occupies about 5000
pages of typewriter manuscript. There
is no court in the land which would
have time to wade, through this great
mass of testimony, and so the attorneys
agreed to prepare an abstract for pub
| LEGATION. This abstract will occupy
about 1900 pages of manuscript, and
when it is completed, it will go to the
printer for publication in book form.
IF Kansas wins the CASE was ask
ed of Mr.. Ashbaugh, what will be the
effect upon irrigation in the Arkansas
/ valley?'' 2e- a5os s ~ -.,
ct will simply mean replied Mr..
Ashbaugh that reservoirs for the pres
| orVdI1On OIL Tie DOOQ WdIGIS VIII Oc
established. No one will be deprived of
| the benefits of irrigation; we,swill save
| the water which is now allowed to go
| to waste and there will be enough for
both Kansas and Colorado. The trouble
| with the Arkansas river is not that it
does not carry enough water for all but
that the water comes all at one season
in the year and is allowed to go to
/ waste. There are seasons of the year
when we are in as much danger OF floods
4 in
| the valley of the Kaw. The solution of
/ the irrigation problem is simply the
| storing up in reservoirs of this waste
water
| Kansas claims the right to use water
out of the Arkansas river from the
fact that the irrigation bitches in this
state were built before the irrigation
| bitches in Colorado. AS the valley be-
came settled out in Colorado more and
more bitches were put in, until all the
water which had been coming down
| into Kansas was diverted before 1t
reached here. Kansas claims that it
| had as much right to the water of the
Arkansas as it would have to a piece
of land of which it was the original
| owner.
After the ''prior right users OF
water are satisfied, the newcomer
must make arrangements to get his
water supply by sort of a system OF
! "Water exchange" He co-Operates
either directly or by investment in the
construction of a storage reservoir.
When he needs water in his irrigation
ditch he must arrange to have an
equal amount of water, plus an allow
ance for evaporation and seepage,
turned into the river from the reser-
voir in which he is interested. The
| Arkansas river therefore will become
a sort of water main during the dry
season, fed by reservoirs of water
stored up during the wet season.
Owing to the fact that the natural
location for such reservoirs would be
among the mountains and gulches of
Colorado. the proba bility is that the
Kansas farmer would be storing up
water for his own use hundreds OF
miles away, across the Colorado line.
One object of the present litigation is
to so arrange matters that Kansas
farmers can build such reservoirs in
| Colorado and be protected against
having all their water stolen by other
irrigation bitches before it flows down
far enough to reach them.