The Elbert County tribune., 1906-01-18
CASE OF KANSAS
CLAIMS RIGHTS IN WATER OF
THE ARKANSAS RIVER.
NOW DIVERTED IN COL LoRADo
Brief of State Of Kansas in Big Water
Suit-Filed in the Supreme Court
of the United States-Stands for
Riparian Rights.

Denver.-A copy OF the brief filed by
Kansas in the Supreme Court at Wash
ington, ID. c., has been received by
Judge c. d. Hayt of this city. The brief
is filed by Attorney General c. c. Cole
man of Kansas and S. S. Ashbaugh, N.
H. Loomis and F. Dumont Smith, his
assistants.
The brief as a whole forms a strong
presentation of the claims to which
Kansas has adhered throughout the
case; there is a constant reiteration of
the doctrine of riparian rights over and
above all other considerations; the un-
derfiow theory is stoutly maintained
and Kansas must have its double por-
ton ABOVE and below at ali seasons.
Colorado people may sit placidly upon
the banks of the stream and watch IL
ripple onward to its future usefulness.
IL is stated that the population of the
counties in Colorado through which
the Arkansas river flows is $500 and
the assessed valuation of property af-
fected s2S, ,924. 1893. In Kansas. the pop
uiation of the counties through which
the river passes is placed at 93.29S.
and the assessed valuation is s53, 1872
800.
The history of the case is gone into
thoroughly and testimony of witnesses
II is claimed that the irrigation of
Colorado has derSeted the flow of the
stream to such an extent that in Kan
sas islands of sand have formed in the
middle of the stream. In the spring,
when the general flow increases. these
islands throw the water out over the
banks and create the great floods.
1t is further stated with reference to
the general reclamation act that IF
the state of Colorado should prevail in
its contention. it would limit the opera
tions of the reclamation service practi-
cally to the state of Colorado, or at
least TO those states where the inter
state streams arise. The Colorado doc
trine would interfere with the carrying
out of the reclamation of the lands in
any of the states lying below Colorado
along the streams that arise in Colo
rado or in any other state that lies
above the one where the reclamation
projects are in contemplation"
The Kansas attorneys summarize
their claims of facts adduced by the
evidence, as follows:
''The flow of the Arkansas river in
Kansas down to point near the city
of Wichita is almost wholly supplied
by the precipitation in the mountains.
foot hills and uplands of Colorado and
no appreciable portions of 1t from trib-
utaries or drainage in Kansas. That
hence any diversion or interruption of
this flow in Colorado directly and cor
respondingly diminishes the flow in
Kansas by cutting off its only supply.
''The Arkansas river receives but
slight addition from its tributaries
aside from the water furnished these
streams from its own underfiow.
Beneath the bed of the river and ex-
IL. x.ft tt,.,, 81 Il i-
vast stream of water well defined,
flowing through a stratum of coarse
gravel, following the general course of
the surface stream, and moving to the
sea with a steady. appreciable current
of from five to twenty feet day. This
underfiow depends upon and is fed by
the surface river and not by drainage
from the surrounding country. Prio-
to 1887. this underflow provided sub
irrigation that made large crops OF
cereals, vegetables and fruits in the
valley with but little precipitation, and
rendered the valley lands of great
value. until it was SO far lowered as to
be unavailing.
Prior to the diversion of the flow OF
the river to Colorado. there existed
large and valuable water power at Ar
kansas City, derived from the waters
of the river, sustaining important in
dustries and resulting prosperity to
that community.
Prior to the destruction of the flow
of the river it was navigable to a point
above Arkansas City and with small
amount of improvement could have
been made navigable during most OF
the year from Wichita to its mouth, af-
fording cheap water communication
from the waters to the sea.
Between 1879 and 1888 large num-
Der of irrigation bitches were con
structed and maintained in Kansas. de-
irving their supply of water from the
river. making beneficial use thereof.
and capable of irrigating 235.OOO acres
in Kansas. The supply OF water from
these bitches was ample until 1888.
About 1855 the present system OF ir-
rigation along the Arkansas river in
Colorado was begun, and about 1888 II
was practically complete. These ca
nais from thence on took, and are now
taking. the entire normal flow or
the river in Colorado, including their
own seepage and return waters, divert
ing it largely to non-riparian uplands,
and almost depriving Kansas OF the
benefits of the river.
the revenues of the state of Kan
sas and it's municipalities along the Ar
kansas river have been materially de-
creased: and the general prosperity OF
a vast region and a considerable pop
ulation has been impaired beyond com
putation or any measure of exact defi-
nition."