The Grit-advocate., 1906-01-19
CASE OF KANSAS
CLAIMS RIGHTS IN WATER OF
THE ARKANSAS RIVER.
NOW DIVERTED IN COL oRADo
Brief of State of Kansas in Big Water
Suit-Filed in the Supreme Court
of the United States-Stands for
Riparian Rights.

| Sut-Filed in the Supreme Court
Of the United States-Stands for
Riparian Rights.
Denvcr-A copy of the brief filed by
Kansas in the Supreme Court at Wash
| ington, ID. 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. AshbauSh, n.
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 constant rciteration of
the doctrine of riparian rights over and
above all other considerations; the un-
| derflow theory is stoutly maintained
| and Kansas must have its double pOr-
| ton aDOve and below at ali seasons.
| Colorado people may sit piacidly upon
| the banks Of the stream and watch it
ripple onward to its future usefulness.
1t is stated that the population OF the
counties in Colorado through which
| the Arkansas river flows is 1850 and
| the assessed valuation of property af-
| fected $2S,924 $50. In Kansas, the pop
| ulation of the counties through which
| the river passes is placed at l93,29S.
! and the assessed valuation Is S03, 49,
| $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 general reclamation act that 'if
the state of Colorado should prevail in
| it's contention, it 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 Hjng below Colorado
along the streSms that arise in Cello
i 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 point near the city
I of Wichita is almost wholly supplied
4 by the precipitation in the mountains.
:, foot hills and uplands of Colorado and
no appreciable portions of 1t 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.
| "The Arkansas river receives but
| slight addition from its tributaries
| aside from the water furnished these
streams from its own underilow.
Beneath the bed of the river and eX-
tending to the uplands on either side, is
a vast stream of water, well defined,
towing through a stratum OF coarse
gravel, following the general course or
the surface stream, and moving to the
sea with a steady. appreciable current
of from five to twenty feet day. This
| underfow 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 unavailing.
"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 small
4 amount of improvement could have
| 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 1883 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 1SSS.
| about 1885 the present system of ir-
| rigation along the Arkansas river in
Colorado was begun, and about 1855 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 seepase 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
a vast region and a considerable pop
ulation has been impaired beyond COM
putation or any measure of exact def.
nition."