Rocky Ford enterprise., 1906-05-11
Kansas HAS No Right to coiorseSl
Irritation Water.

Kansas HAS No Right to coiorscSkoI
Irrigation Water.
Tho attorneys for the Colorado Fuel
4 Iron Co. have prepared strong brief
in the Kansas Colorado case. from which
we make the following extracts:
ut 10 further stated that the narrow
rule a. 10 the right 70 stand and see the
water run by" has been broadsned in the
direction looking 70 the greatest good to
the greatest number. until II has been
made 70 include irrigation. whore that
right was involved.
Kansas. states counsel. must have
either an absolute decree restraining every
use OF the water. or she can have none.
''lf. however. this court could now believe
(what has never bssn heard Of prior TO
this easel that few thousand acres OF
bottom lsnds Ia the Arkansas valley In
Kansas have bssn injured. or evon totally
destroyed. and knew that the water Of
the uppsr Arkansas could reach Kansas
u lot alone in Colorado. II would not b
warranted Ia devastating the immense
area in Colorado dspsndsnt upon the
water Of the AFkansas river. BY prohibit
ing It's use thereon. No possible balancing
Of equities could warrant sueh . decision.
at 10 not eontsndsd that the domestic
water supply Of Kansas 10 affected By
the lack Of water In the river. no matter
what tho cause. That supply must and
does come from wells. There 10 left In
the case. then nothing but the alleged
undcrf.ow Of the first bottom. III were
absolutely certain that . cessation OF IT.
rigasion In Colorado would restore the al
legged original fertility 70 these bottom
lands. there Is no equity In saying that
the fertility Of all Colorado farms In ths
Arkansas drainage shall b sacrificed In
favor Of . part Of few Kansas farms.
by dsprivina the people Of Colorado Of
water which originates In their stAts.
II this court shall decree that irrigation
along the Arkansas valley shall cease or
be materially abridged. In order that tho
riparian owners Of . few hrst bottom lands
In Kansas may stand upon tho bank and
see tho stream fiow'-a decree. the effect
Of which shall b 10 condemn TO dssola-
ton millions Of acres Of irrigatee and IT.
rigable lands throughout the arid regions
ard operate as . writ Of ejecsinent
against million or more Inhabitants Of
these regions. Il will produce tremendous
and far reaching consequence.
III on the other hand. the court shall
decide that tho alleged and prospective
injury 10 Kansas by operations IN Colo1
ado has not boom proven. or too ins!gnia-
cant 20 require the wiping out OF tho a6-
eomplish~,ents Of tho last half century IN
the arid regions. that par; Of tho case
will soon pass into tho oblivion Il de-
serves"
I, declared in conclusion ,ha, tho case
O. Kansas is a theory and no; eondi-
ton. and does not require tho in:erson-
Son sf tho U. S. suptunc court
After two weeks. inactivity during tho
relief work for the victims Of tho San
Francisco earthquake. tho Cruiser Colo
rado Silver Service Committee Of Tho
Colorado State Commercial Ssseia;ion.
has resumed lis active campaign fer
funds. Tho Daughters Of tho American
Revolution have agreed 20 contribute
sSoo for tho purchase Of a largo individu-
al piece Of tho Silver Service. this ecn,or
piece TO be engraved with especial do
signs TO DO selected by COMMITTEES from
that organization. Tho school children
Of toadsillc have contributed S25 in
dimes: tho schools Of Del Nor:e have
entered into grade composition and
school children in many other cities arc
giving dimes ard quarters. The Queens
Daughters. Of Denver. have contributed
SIS: the Friends in Council. Canon City.
SIS ard tho Round Table Club. Of Creed.
s2.25. The total Contributions TO date
arc s555 and the committee feels con-
sidersbly encouraged with the progress
thus far.