Rocky Ford enterprise., 1906-01-19
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-FiIed In the Supreme Court
Of the United states-stands for
Riparian Rights.
Denvcr.-A copy Of the brief fled by
Kansas In the Supreme Court at WASH
inIton, ID. c., has been received by
Judge c. ID. Hayt Of this city. The brief
Is filed by Attorney General c. c. Cole
man Of Kansas and S. 5. Ashbaugh. n.
II. Loomis and +. Dumont Smith. his
assistants.
The brief as 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 I'M
dcrfiow theory Is stoutly maintained
and Kansas must have Its double por-
,ion aDovc and below Mt all seasons.
Colorado people may sit piacidly upon
, the banks OF the stream and watch "
ripple onward TO Its future usefulness.
II Is stated that the population o. the
counties in Colorado through which
the Arkivlsas river flows is 33.oGO and
the assessed valuation OF property al
fected 2s.92i 1893. In Kansas. the pop
ulaiicn OF the counties through which
the river passes Is placed at l?3.sss.
and the assessed valuation Is $53.'s:.'
$50.
The history Of the case IL gone into
thoroughly and Testimony of witnesses
referred To to prove numerous claims.
II is claimed that the irrigation OF
Colorado has dcI0etcd the How OF the
stream TO such nm extent that In Kan
sas islands Of sand have formed In the
middle OF the stream. In the spring.
when the general How increases. these
islands throw the water out over the
banks and create the great floods.
IL Is further stated with reference TO
the general reclamation act that III
the state of Colorado should prevail In
its contention. Il would limit the opera
tIons OF the reclamation service prncti'
caiiy To the state OF Colorado. or at
least to those states where the Inter
state streams arise. The Colorado doc
irinc 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 Hes
aboy. the one where the reclamation
projects are In contemplation.
The Kansas attorneys summarize
their claims Of facts adduccd by the
evidence. as follows:
"'Thc flow Of the Arkansas river In
Kansas down to n point near the city
Of Wichita Is almost wholly supplied
By the precipitation In the mountains.
foo, hills and uplnnds Of Colorado ana
no npprccinbic portions Of II from trib'
utarics or drainage In Kansas. That
hence any diversion or interruption OF
this flow In Colorado directly and cor
rcspondingiy diminishcs tho How In
Kansas by cutting on Its only supply.
..Thc Arkansas river receives but
slight addition from Its tributaries
aside from tho water furnished these
streams from Its own undcriiow.
.'Bcncath the bed Of the river and cS'
tending to the uplands on either side. Is
a vast stream OF water. well defined.
flowing through stratum OF coarse
gravel. following the general course OF
the surface stream. and moving to the
sea with n steady. apprcciablc current
Of from Ave TO twenty feet day. THIS
undcrfiow depends upon and is fed by
the surface river and not by drainage
from the surrounding country. PFio:
TO 1857. this undcrfiow 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 Il was 40 far lowered as to
be unayailing.
prior to the diversion Of the flow OF
the river to Colorado. there existed
large and valuable water power Mt Ar
kansas City, derived from the waters
Of the river. sustaining important In.
dustrics and resulting prosperity to
that community.
prior to the destruction OF the now
Of the river It was navignble to point
above Arkansas City and with small
amount of improvement could have
been made navigablc during most OF
the year from Wichita to Its mouth. af-
fording cheap water communication
from the waters TO the sea.
Between 1879 and 1883 large num-
Der of irrigation ditches were con
s,ructcd and maintained In Kansas. de-
irving their supply of water from the
,iyer, making beneficial use thereof.
and capable OF irrigating 235.000 acres
in Kansas. The supply OF water from
these bitches was ample until 1SSs.
About 1855 the present system OF ir-
rigation along the Arkansas river in
Colorado was begun. and about 1898 II
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.
"1he 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
n vast region and a considerable pop
ulation has been impaired beyond COM
putation or any measure of exact def
nition."