The Dolores star., 1906-01-19
CASE OF KANSAS.
cL AIMS RIGHTS IN WAIVER OF
THE ARKANSAS RIVER.
NOW DIVERTED IN COL L0RADo

Brief of State Ct Kansas in Big Water
suit-FiIed 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. d. 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, \.
II. Loomis and f. Dumont Smith, his
assistants.
The brief as a whole forms 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-
derfow theory is stoutly maintained
and Kansas must have its double por-
tion ABOVE and below at all seasons.
Colorado people may sit placidly upon
the banks of the stream and watch II
ripple onward to its future usefulness.
1t is stated that the population Of the
counties in Colorado through which
the Arkansas river flows is 93,56O and
the assessed valuation OF property al
fected S2S S.924,S93 In Kansas. the pop
uldt1On OF the COuutiSS thiouSh "iAS.i
the river passes is placed at 1929.
and the assessed valuation is $53,792,-
$50.
The history of the case is gone into
thoroughly and testimony of witnesses
referred to to prove numerous claims.
1t Is claimed that the irrigation OF
Colorado has depleted 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 &c neral reclamation act that IF
the state of Colorado should prevail in
its contention, 1t 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 l3ing below Colorado
along the streams that arise in Colo
RADIO 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:
1.-The flow of the Arkansas river IN
Kansas down to a 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 it 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.
1.-THE Arkansas river receives but
slight addition from its tributaries
aside from the water furnished these
streams from it's own underfow.
Beneath the bed of the river and ex-
tending to the uplands on either side, is
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. Prior
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 unavailfng.
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 point
above Arkansas City and with a small
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-
ber 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 235,000 acres
in Kansas. The supply of water from
these bitches was ample until 1888.
About 1885 the present system OF ir
rigation along the Arkansas river in
Colorado was begun, and about 1888 it
was practically complete. These ca
nails from thence on took. and are now
taking, the entire normal flow Of
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,
"1ne revenues Of the state Of Kan
sas and its municipalities along the Ar
kansas river have been materially de-
creased; and the general prosperity OF
vast region and considerable pop
ulation has been impaired beyond COM
putation or any measure of exact def.
nition."