The Globe-republican., 1906-12-20
KANsAs.coLoRADo SUIT IN THE
SUPREME COURT.
CLAIMS s75,ooo,0Oo DAMAGES
To State on Account of the Water
Appropriation - The Seepage Re-
turn Claim Weak Three
Fourths Lost During Flow.

Washington, Dec. 10. The SUI
preme court today renewed its hear
ing in the Kansas-C Colorado case
growing out of the use of the wa
tiers of the Arkansas river. Attor-
ney Ashbaugh, arguing for Kansas,
addressed his remarks particularly
to the question Of the underflow wa
ter OF the river. He commended that
Kansas had been deprived of the
greater part of this hitherto most
important supply, and declared
Colorado has appropriated 1000
cubic feet of water per second.
which practically takes all the sup
ply Of the stream in the irrigation
season. He placed the total dam
ages suffered by Kansas in the past
fifteen years at not less than $75,000,-
900. He said Kansas demands a
fair division of the water Of the Ar
| kansas river, which would not be
less than 700 cubic feet a second.
Attorney LOOMS, also speaking
for Kansas, contended that Colorado
not only claims the right to all the
water of the Arkansas river, but
actually takes it all. In support of
this contention he quoted number
of witnesses who had been sum-
moned to testify in behalf of Colo
RADIO itself. He also undertook to
show that there is not now nearly
so much water in the Arkansas river
in Kansas as there was in the early
days and again marshallad a num-
Der of Colorado witnesses to sustain
his position.
AS to the Colorado contention that
most of the irrigation water returns
to the stream through seepage, he
declared that two-thirds of the wa
ter taken out of the river is either
lost by evaporation or absorbed in
plant life.
In conclusion he said Kansas is
entitled under all the laws of right
and Justice to a fair deal of the wa
ter of this important stream, and
contended for a recognition of this
right.
Attorneys Clyde G.. Dawson and
Plat Rogers followed for Colorado.
The first argument in the interest
of Colorado was delivered by Clyde
C. Dawson. He adopted Mr.. LOOMS
plan of citing opposing witnesses to
sustain his position that the use OF
the waters of the Arkansas for irri-
CATION purposes in Colorado had not
injuriously affected the volume Of
the flow of the stream in Kansas,
and several Kansas men We're quoted
as having testified that the flow is as
good now as it was when the coun-
try was first settled, if not really
better. He declared that the history
of the stream shows that it has been
dry in the summer season ever since
the time of Pixies exploration, a hum
dred years ago, when 1t first became
generally known. He also contend
ed that the appropriation Of the wa
ter in Colorado has no effect on the
underHow, and read from several
witnesses for Kansas and the gov
eminent to show that the sub-sur-
face water is dependent entirely on
the local rainfall From all points OF
~ h. 1nn1ar I'D in
wise injured by Colorado's use OF
the water for irrigation and said
that, whether the question was con-
sidered from the riparian or the ap-
preparation point of view, the facts
show that Colorado Is entitled to the
water within her borders and that In
taking 1t she injuries no one outside
the state, while beneftting many in
side.
Plat Rogers, of Denver, who repre-
sents the ditch interests Of the Ar
kansas valley in Colorado. made an
argument which while intended to
be in the esrecial interest of his cir
ents was also in general support of
Colorado's rights In the controversy
He contended that irrigation is a
phase of national development which
has originated without reference to
state lines, and represents the wants
and necessities of the arid west as
aided and promoted by the national
government, the states being mere
theaters In which the national policy
is carried out.
D. c. Beaman, representing the
Colorado Fuel and Iron Company,
also presented many facts in sup
port of Colorados right to use the
waters within her borders. He quoted
numerous explorers to show the
tendency of the Arkansas to go dry
In the summer long before IRRIGATION
was known in Colorado or even be-
| fore Colorado was known. and aid
| that testimony to the contrary was
without value unless 1t covered the
entire length Of the stream in Colo
RADIO.
PROHIBIT CHILD LABOR.