The Ordway new era., 1906-01-19
ClSE OF KANSAS.
.,us RIGHTS IN wATGR or
Tne ARKANsAs RIVER.
|pw DIVERTED IN COLORADO

- the United statss-stands for
eIparian Rights.
n.pycr.-A copy Of the brief filed by
,,as in the Supreme Court Mt Wash
,top d. c., has been received by
ase c. d. Hayt OF this city. The brief
sIed By Attorney General c. c. Cole
!, Of Kansas and 8. 8. Ashbaugh. N.
Ioomis and F. Dumont Smith. his
IsIstants.
The brief as a whole forms = strong
s.entation of the claims to which
.nsas has adhered throughout the
.e. there is constant reiteration OF
doctrine OF riparian rights over and
oye all CHER considerations: the un-
,rsow theory is stoutly maintained
d Kansas must have Its double por-
uu above and below at ali seasons.
dorado people may sit placidly upon
hanks of the stream and watch It
pple onward to Its future usefulness.
n is stated that the population OF tho
unties in Colorado through which
Arkansas river flows Is 93.5G0 and
assessed valuation OF property af-
r,ed $2s, ,924. 1893. In Kansas. the pop
ation OF the counties through which
river passes Is placed ut 193.29S.
"a the assessed valuation In $53. 1922
b.
The history OF the case Is gone into
oroughly and testimony of witnesses
kerred to TO prove numerous claims.
Is claimed that the irrigation OF
dorado has depleted the flow Of the
ream to such an extent that In Kan
Islands OF sand have formed In the
dddle OF the stream. In the spring.
ben the general flow increases. these
ands throw the water out over the
INKS and create the great foods.
Il is further stated with reference to
Z general reclamation act that III
state OF Colorado should prevail In
contention. It would limit the opera.
ns Of the reclamation service practi-
|lly TO the state OF Colorado. or Mt
Isl to those states where the inter-
lie streams arise. The Colorado doc
ne would interfere with the carrying
Of the reclamation of the lands In
y Of the states lying below Colorado
pug the streams that arise In Colo
DO or in any other state that lies
owe the one where the reclamation
Diects are In contemplation"
The Kansas attorneys summarize
tir claims of facts adduced by the
idence. as follows:
The flow of the Arkansas river In
lnsas down to point near the city
Wichita Is almost wholly supplied
the precipitation in the mountains,
appreciable portions OF It from trib-
lries or drainage In Kansas. That
nee any diversion or interruption Of
How In Colorado directly and cor
ppondingly diminishes the flow In
nsas by cutting OF its only supply.
The Arkansas river receives but
ght addition from It's tributaries
de from the water furnished these
cams from It's own underfiow.
Beneath the bed OF the river and ex-
ding to the uplands on either side, is
'ast stream OF water. we'll defined,
wing through stratum of coarse
vel, following the general course OF
surface stream, and moving to the
with steady, appreciable current
nom 1--WE to twenty feet day. This
ceriiow depends upon and Is fed by
surface river and not by drainage
ne surrounding country. Prior
iso,' this underflow provided a sub
eauon that made large crops OF
eais, vegetables and fruits in the
iey with but little precipitation, and
oered the valley lands OF great
ue' until 1t was SO far lowered as to
unavailing.
rtior TO the diversion OF the flow OF
river to Colorado. there existed
y and valuable water power at Ar
.sas .s City, derived from the waters
.ne river, sustaining important In
ules and resulting prosperity to
community.
slior to the destruction Of the flow
ae river 1t was navigab1e to point
We Arkansas City and with small
'unt OF Improvement could have
made navigable during most Of
;eaf from Wichita to its mouth, af-
ing cheap water communication
me waters to the sea.
~ II, Aosv anu 1000 y IKE num-
" irrigation bitches ws9e COM.
s'eo and maintained In Kansas, de-
g tneir supply Of water from the
making beneficial use thereof,
capable Of irrigating 23b, 900 acres
sasas. ass The supply Of water from
on. e,acaes was ample until 1885,
~. Sae 1885 the present system of ir-
w ~ along the Arkansas river In
suo s was begun, and about 1888 It
Eactically complete. These ca.
~ aom thence on took, and are now
~ H. me entire normal now Of
,msr In Colorado, including their
\ ,spase and return waters. divert
: mlgeiy to non-ripArian uplands,
a. s@ost M depriving Kansas Of the
"A inasvenues Of the ntata Of KAN.
- municipalities along tkss Al.
~ sycr have been u1ktt24aIfy ~
end the gsnefal ~ - ~ "
lon and 8 - - ! 1ISelys